The Chartered Institute of Arbitrators (CIArb) and our Law Societies’ Joint Brussels Office hosted a joint panel discussion assessing the implications for arbitration of Brexit, the UK-EU Trade and Cooperation Agreement, and the UK’s departure from the Lugano Convention.
Brexit and the departure of the UK from the clearly have consequences for the ways in which cross-border disputes with Europe are dealt with. Choice of jurisdiction, and mutual enforcement of judgements may both be affected in the courts, whilst arbitration – under which enforcement is governed by the New York Convention and so is unaffected by Brexit – may be seen as a viable alternative option. In addition, the full implications for the mobility of arbitrators and practitioners is yet to be fully tested, given the context of the pandemic. Now, nearly 6 months on from the agreement of the UK-EU Trade and Cooperation Agreement (TCA), our expert panelists will assess these issues in detail, and explain if they think there will be any longer-term effects on the UK’s attractiveness as an arbitral seat. Specifically, we will address the following questions:
Questions
– What are the direct impact of the TCA on legal services in general, and arbitration and ADR in particular?
– What are the prospects for the UK’s re-accession to Lugano (and does it matter)?
– Could arbitration have a greater role to play in the event that the UK cannot rejoin Lugano?
– Is the ability of arbitrators, mediators and other participants in dispute proceedings to move easily between the UK and EU hampered by Brexit and the TCA?
