Back to the Future - The UK's EU Exit and the Conflict of Laws

Abstract

On 23 June 2016, the UK electorate will vote whether to remain in or leave the EU. A decision to leave would have a very significant effect on the UK's civil justice system and, in particular, on the rules of private international law applied to dispute resolution in a cross-border context. It is a highly speculative exercise to predict the future shape of private international law in the UK in these circumstances. The object of this paper is not to predict the future course of private international law in the United Kingdom, but to analyse legal events of the past and to assess the position in which the UK would find itself if there should be a vote to leave. The main focus of the discussion is an attempt to identify the legal baseline of applicable private international law rules under international, EU and national law following withdrawal, with a particular emphasis on the domain currently occupied by the instruments applicable to civil and commercial matters (Brussels I, Lugano, Rome I, Rome II).