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A practical alphabet

09 December 2016 / Clare Arthurs , Richard Marshall
Issue: 7726 / Categories: Features , Brexit , EU , ADR
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Clare Arthurs & Richard Marshall share an (almost) A-Z of cross border disputes, post-Brexit

Article 50

It should be business as usual for cross border disputes until Art 50 has been triggered—the picture is less clear after that.

Brussels (Recast)

This Regulation regulates jurisdiction and the recognition and enforcement of judgments between EU member states.

Conventions

Geneva, Hague, Lugano, Rome…Almost an alphabet of their own!

Disclosure

Not all jurisdictions have the same extensive disclosure requirements as the UK courts: would minimal or extensive disclosure work better for you?

European Enforcement Orders

Uncontested claims from an EU member state court can be enforced in another member state using this streamlined procedure.

First seised

Under EU law, the courts of the member state where the claim was issued first in time decide the question of jurisdiction. But see J, L and P below…

Governing law clause

Which substantive law do you want to apply to identify and interpret the parties’ rights and obligations under the agreement?

Hague Convention on Choice of Court Agreements

A possible, if more restricted, replacement for Brussels (Recast):

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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

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