header-logo header-logo

Businesses look to EU courts

25 July 2018
Issue: 7803 / Categories: Legal News , Brexit , Arbitration
printer mail-detail

Work & talent could pivot away from the UK legal services sector post-Brexit

Large businesses are abandoning English law in favour of EU courts for dispute resolution because of Brexit, research shows.

In a survey of 94 UK and international law firms and businesses by Thomson Reuters Legal, 35% said they have changed the jurisdiction in their dispute resolution clauses since the EU referendum. More than half of these have switched their dispute resolution clauses from a UK to an EU jurisdiction, with France and Germany the most popular choices.

Of those yet to make any changes to their contracts, two-fifths say they intend to review contracts if no significant progress is made in negotiations before March 2019 on a post-Brexit regime for the mutual recognition of court judgments.

However, there is a silver lining for English lawyers in the shape of arbitration. One in five of those yet to make a change are considering opting for arbitration rather than the courts in their contracts, and England is the most popular destination for this.

The report, The impact of Brexit on dispute resolution clauses, published this week, may heighten lawyers’ fears that Brexit could undermine London’s position as a global centre for dispute resolution.

Jim Leason, vice president of market development and strategy at Thomson Reuters, said: ‘The fact that a third of businesses are revising dispute resolution clauses away from the English courts should be a concern for the UK’s legal profession.

‘It is this initial selection in a contract that drives an entire industry of legal advice that supports transactional work, ongoing contract management and dispute resolution. If nothing concrete comes from Brexit negotiations soon or if there is a no-deal Brexit scenario, then more and more businesses will consider taking legal disputes elsewhere.

‘London has a long-standing reputation as a global legal centre. However, a poor outcome from Brexit could result in work and talent pivoting away from the UK legal services sector.’

In recent years, some EU countries have been stepping up their efforts to challenge London’s legal crown—projects to open English-speaking courts are currently underway in Brussels, Paris, Frankfurt and Amsterdam (see ‘EU lawyers court expansion’).

Issue: 7803 / Categories: Legal News , Brexit , Arbitration
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll