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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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