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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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