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There has been much speculation about the risk of Brexit
affecting London's position as a dispute resolution capital of
the world including, in particular, if the UK and EU/EFTA States
were unable to agree terms, broadly equivalent to those currently
in place, in respect of cross-border disputes and judicial
co-operation.
It is certainly the case that the UK is facing increasing
competition from other dispute resolution forums across the globe -
and such competition is being further fuelled by speculation as to
the potential implications of Brexit on cross-border
litigation.
At the same time however:
it may be that the greatest risk for
the UK courts comes not from the substantive or practical concerns
that Brexit in fact creates, but rather from the effects of
uncertainty and international perception (and in some instances,
misperception); and
it is important to emphasise that the
UK courts are not "resting on their laurels": a number of
steps are being taken to modernise the UK courts, systems,
procedures and available remedies, in order to keep pace with a
rapidly evolving modern world.
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Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both
limited liability partnerships established in Illinois USA; Mayer
Brown International LLP, a limited liability partnership
incorporated in England and Wales (authorized and regulated by the
Solicitors Regulation Authority and registered in England and Wales
number OC 303359); Mayer Brown, a SELAS established in France;
Mayer Brown JSM, a Hong Kong partnership and its associated
entities in Asia; and Tauil & Chequer Advogados, a Brazilian
law partnership with which Mayer Brown is associated. "Mayer
Brown" and the Mayer Brown logo are the trademarks of the
Mayer Brown Practices in their respective
jurisdictions.
This
Mayer Brown article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein.
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