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09 December 2016 / Clare Arthurs , Richard Marshall
Issue: 7726 / Categories: Features , Brexit , EU , ADR
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A-Z of cross border disputes, post-Brexit

Article 50

It should be business as usual for cross border disputes until Art 50 has been triggered—the picture is less clear after that.

Brussels (Recast)

This Regulation regulates jurisdiction and the recognition and enforcement of judgments between EU member states.

Conventions

Geneva, Hague, Lugano, Rome…Almost an alphabet of their own!

Disclosure

Not all jurisdictions have the same extensive disclosure requirements as the UK courts: would minimal or extensive disclosure work better for you?

European Enforcement Orders

Uncontested claims from an EU member state court can be enforced in another member state using this streamlined procedure.

First seised

Under EU law, the courts of the member state where the claim was issued first in time decide the question of jurisdiction. But see J, L and P below…

Governing law clause

Which substantive law do you want to apply to identify and interpret the parties’ rights and obligations under the agreement?

Hague Convention on Choice of Court Agreements

A

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NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
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