The updated Contract and other obligations section of our Brexit Legal Guide is now available.

This provides a useful overview of:

  • whether a contract can be terminated as result of the UK's exit from Europe and/or the EU's Single Market;
  • whether contracting parties should seek to include a specific provision in new contracts dealing with the effects of the UK's exit from the EU and/or the EU Single Market;
  • the interpretation of pre-existing contracts;
  • whether contracting parties should choose English law as the governing law of the contract;
  • whether the validity and effectiveness of any contractual choice of law is likely to be affected by Brexit; and
  • whether commercial parties can select in advance, by contract, the law to govern their contractual and non-contractual rights and liabilities.

If you would like to discuss specific arrangements for support through the risks of the move to an uncertain future relationship, on how you might express the concerns of your business to governments, on dispute risks that may arise, or on any other questions or challenges you have, please do contact your regular Herbert Smith Freehills relationship contacts, or otherwise any of our experts listed here.

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.