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It is a fact universally acknowledged that a contract is not worth very much unless it is clear how its terms are to be enforced and so disputes to be resolved. Which country’s rules will provide the legal framework and how will they affect different methods of dispute resolution?
At the moment, much of the relevant legal framework in the UK consists of or is derived from various EU rules designed to create a harmonised and predictable cross-border regime. When the UK leaves the EU, the default position is that these rules will cease to apply.
This briefing explores what is likely to happen next - and why we think the shape of the future should be very like the present.
We consider some of the key questions for businesses regarding English governing law and jurisdiction clauses, put the issues in their commercial context, and provide practical guidance for the identification and mitigation of risks.