Disputes

How we can help

We can help you assess changes in the enforceability of contracts with a European element and advise you on whether you should consider amending your standard jurisdiction clauses.

The end of the transition period on 31 December 2020 brought significant changes to the framework for disputes between parties in the UK and parties in the EU with effect from 1 January 2021. The EU-UK Trade and Cooperation Agreement contains no relevant provisions for cross-border disputes and is currently equivalent to a "no-deal" or "cliff-edge" Brexit in this respect.

Our lawyers across the key EU jurisdictions and in the UK can advise you on the implications for the recognition of choice of courts clauses, local procedures such as service of court documents, and the enforcement of judgments across this new border.

What's happening?

Some uncertainties remain as to possible future arrangements, and in particular whether or not the UK’s request to accede to the Lugano Convention, which would replicate much of the pre-Brexit regime, will be approved by the EU. This looks very doubtful as, in a Communication to the Parties of the Lugano Convention on 1 July 2021, the Federal Department of Foreign Affairs of Switzerland announced the European Commission’s refusal to provide its consent.

Officially, the EU has not taken a decision as to whether to accept the UK’s application or not, but such a decision can only be taken if the Commission puts a proposal to the European Council, which it appears to have no intention of doing at this point.