New Brexit Legal Guide section available: Disputes

The updated Disputes section of our Brexit Legal Guide is now available.

This provides a useful overview, amongst other things, as to whether:

• EU law will continue to apply to and in the UK during the transition period;
• the current rules on both jurisdiction and enforcement of judgments under the recast Brussels Regulation and Lugano Convention will apply where proceedings are commenced before the end of the transition period;
• the 2005 Hague Convention will apply to exclusive jurisdiction clauses agreed before 1 January 2021;
• the enforcement of UK-seated arbitral awards is affected by either the transition period and post-transition period;
• what laws will continue to govern the rights of UK businesses trading in the EU to bring disputes with regulators and public bodies in the EU; and
• there is a settlement process in place to address state to state disputes with the EU both during and post the transition period.

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.