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Brexit Withdrawal Agreement Dispute Resolution

08/04/ Likes.0 Comments

The United Kingdom will continue to fulfil its obligations under international conventions relating to judicial jurisdiction and the enforcement of judgments (including) to which union is a contracting party, such as the 2007 Lugano Convention (applicable between EU member states and EFTA countries, Iceland, Norway and Switzerland) and the 2005 Hague Convention on Course Choice (which is in force between EU Member States and Mexico). Singapore and Montenegro). By the end of December 2020, the English court will therefore have to suspend the proceedings or resurrect the jurisdiction if these conventions require it – for example, in The Hague, if an agreement has been reached since 1 October 2015 (the date Of Hague`s entry into force for Mexico), or after Lugano, if parallel proceedings have been initiated in a Swiss court. International arbitration will not be affected to a large extent by Brexit, as arbitration agreements and arbitration decisions are supported by the 1958 New York Convention, in which the UK participates independently from the EU. The UK is currently a party to the EU because of its EU membership, but this will cease when the UK leaves the EU on 31 January 2020. However, as has already been mentioned, the UK and the EU agreed that the UK would be treated as an EU member state during the transition period for international agreements, including The Hague. The United Kingdom would have gradually joined Hagues in the event of a withdrawal of the “no deal” immediately after the withdrawal, but in light of the withdrawal agreement, it is now expected that the United Kingdom will withdraw its accession instrument and adhere to it (probably) effectively at the end of the transition period. The withdrawal agreement provides that EU legislation applies to the UK and UK during the transitional period, unless otherwise stipulated in the withdrawal agreement, and any reference to EU member states in EU law is understood as including the UK. EU legislation includes the various EU treaties, the general principles of EU legislation, EU legislation, such as regulations and directives, and international (substantial) agreements to which the EU is a part. There is a specific provision (in Article 129) that the UK is bound by the obligations under these international agreements during the transitional period and that the EU communicates to other parties to these agreements that the UK must be treated as a member state of the European Union for the purposes of these agreements during the transitional period. However, the choice of English courts[7] by the parties will be compromised if no future agreement is reached after the closing date of the IP. The most important legislation (“Brussels overhaul”[8]) only supports arbitration agreements in favour of the courts of an EU member state.

Following the repeal of this legislation on the day of the completion of the mind,[9] neither the Brussels redesign nor the Lugano agreement (similar to the Brussels overhaul that applies between the EU, Norway, Iceland and Switzerland) will be extended under British law. In certain circumstances, the courts of an EU Member State may therefore ignore the parties` jurisdictional decision and accept jurisdiction, for example. B on the basis of the defendant`s place of residence (Article 4 of the Brussels redesign and similar provisions of the Lugano Convention). To the extent that the transitional provisions of the withdrawal agreement do not apply (i.e. the procedure was initiated before the mental completion date), it is no longer possible to enforce English judgments in The Member States in accordance with EU rules (Brussels version, see 39).

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