What Now ? The post Brexit Transition Period position on Choice of Law, Jurisdiction and Recognition and Enforcement of Judgments, Service and Evidence
We are delighted to share our easy to use "smart, hyperlinked" 'Cross Border Disputes Navigator 2021: The New Europe and Beyond' to help point you in the right direction on what can be a complicated journey. To access, please click here or on the image.
With 13 Conventions and Regulations covering these areas, it's no wonder it can be complicated but we have distilled them under three headings and have shadowed the hyperlinked Conventions and Regulations less likely to arise at this point in time. Arbitration remains unaffected but for completeness we include the relevant hyperlinked Conventions and legislation.
We prepared this 'Navigator' for our in-house counsel colleagues in Ireland so they'd have a clearer understanding of where matters stood as regards these key issues from 1 January 2021.
While we await a decision on the UK's accession to the Lugano Convention, from an Irish perspective, we're more likely to rely on Common Law principles as regards jurisdiction and recognition and enforcement of judgments in Ireland for pre 1 January 2021 contracts with exclusive jurisdiction clauses or where proceedings issue in the UK after 1 January 2021 - effectively treating the UK as we would any non-EU Member State / US State etc.
And, while we think the Navigator could be of particular assistance to our colleagues in Europe, we think it could also be of assistance to those of you outside Europe, if only to help understand the different regimes and to have the Regulations and Conventions on one page and accessible through one click (and saved to your desktop).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.