header-logo header-logo

04 August 2017 / Nicole Finlayson , Clare Arthurs , Phillip D’Costa
Issue: 7757 / Categories: Features , Brexit , Arbitration
printer mail-detail

The long farewell: leaving the EU (Pt 2)

In the second of a series of Brexit updates & analysis by Penningtons Manches LLP, Clare Arthurs , Phillip D’Costa & Nicole Finlayson consider the future of arbitration

  • Brexit should not adversely affect London as a seat for arbitration.
  • UK courts remain committed to upholding arbitration agreements and awards.
  • Legal framework and enforcement regime should remain unchanged.

The spectre of Brexit has sparked debate about the prospects for London’s continued pre-eminence as a global dispute resolution centre. But while we undoubtedly face uncertainties in the litigation sphere, how attractive will arbitration here remain as a dispute resolution option once we have parted (formal) company with our European neighbours?

Culture & framework

There are several reasons why parties around the world have long since chosen to resolve international disputes through arbitration seated in London. Unlike some other countries’ national courts, the English courts are well known for upholding the independence of the arbitral process and will not intervene unnecessarily: if the parties have

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll