header-logo header-logo

Defining uncertainty: ADR options post-Brexit

05 September 2018 / Dipti Hunter , Alex Hawley
Issue: 7808 / Categories: Features , Brexit , Arbitration
printer mail-detail
nlj_7808_hawley

Dipti Hunter & Alex Hawley outline the source of the uncertainty & options for contractual dispute resolution provisions post-Brexit

  • Although the very existence of a Brexit deal remains uncertain, clients need commercial advice now to define, assess and combat the risks posed by a no-deal departure on dispute resolution clauses.
  • The effect of legislative changes post- Brexit on dispute resolution clauses and enforceability of English judgments.

Opining on law and Brexit brings to mind Douglas Adams’s seemingly paradoxical call in The Hitchhikers’ Guide to the Galaxy , for ‘rigidly defined areas of doubt and uncertainty’. However, given the likelihood that key legislation governing the enforceability of English dispute resolution clauses and judgments in EU27 states is almost certain to fall away post-Brexit, one such area may have arisen.

A recent survey by Thomson Reuters (TR) into the impact of Brexit on dispute resolution clauses found that 35% of respondents said that the uncertainty around Brexit had changed their approach to dispute resolution clauses. Of the 65% who said

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll