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05 September 2018 / Dipti Hunter , Alex Hawley
Issue: 7808 / Categories: Features , Brexit , Arbitration
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Defining uncertainty: ADR options post-Brexit

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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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