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02 December 2020
Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
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Brexit & alternative dispute resolution

Laws around confidentiality, enforceability and limitation periods in mediation agreements will be affected when the Brexit transition period ends this month, the Law Society has warned practitioners.

It published guidance last month on cross-border alternative dispute resolution (ADR) post-transition. The guidance, which will apply whether or not the UK and EU agree a deal, highlights that the 2011 Regulations implementing the EU Mediation Directive will be repealed and replaced on 1 January.

The free European Online Dispute Resolution platform for online sales and contracts will no longer be available to UK businesses and consumers. Arbitration will be largely unaffected post-transition.

Last week, a cohort of law societies and business groups wrote to the European Council president, Charles Michel and other EU leaders urging them to readmit the UK to the Lugano Convention post-transition. Law Society president David Greene said Lugano, which clarifies which national courts have jurisdiction, ‘makes dispute resolution more accessible’.

Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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