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04 August 2017 / Nicole Finlayson , Clare Arthurs , Phillip D’Costa
Issue: 7757 / Categories: Features , Brexit , Arbitration
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The long farewell: leaving the EU (Pt 2)

In the second of a series of Brexit updates & analysis by Penningtons Manches LLP, Clare Arthurs , Phillip D’Costa & Nicole Finlayson consider the future of arbitration

  • Brexit should not adversely affect London as a seat for arbitration.
  • UK courts remain committed to upholding arbitration agreements and awards.
  • Legal framework and enforcement regime should remain unchanged.

The spectre of Brexit has sparked debate about the prospects for London’s continued pre-eminence as a global dispute resolution centre. But while we undoubtedly face uncertainties in the litigation sphere, how attractive will arbitration here remain as a dispute resolution option once we have parted (formal) company with our European neighbours?

Culture & framework

There are several reasons why parties around the world have long since chosen to resolve international disputes through arbitration seated in London. Unlike some other countries’ national courts, the English courts are well known for upholding the independence of the arbitral process and will not intervene unnecessarily: if the parties have chosen to arbitrate rather than litigate, the courts will respect

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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