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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