With less than three months until the end of the EU/UK Implementation Period, finally some clarity over which rules will govern jurisdiction and enforcement in cross-border commercial disputes after 1 January 2021. The EU has not (yet) given its consent for the UK to accede to the Lugano Convention 2007, and the deadline for the UK to accede with effect from 1 January 2021 passed on 1 October 2020. The UK deposited a new instrument of accession to the Hague Convention on Choice of Court Agreements 2005 (Hague 2005) on 28 September 2020. This means that from 1 January 2021 and until further notice, Hague 2005 will apply as between the UK and EU. Our flow-charts guide you through how the UK (including Northern Ireland) and EU courts will treat jurisdiction and enforcement after Brexit.
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.