Abstract
The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).
Highlights
There is no straightforward solution concerning the many important areas of private international law in the United Kingdom (UK) that are currently contained in European Union (EU) Regulations that will cease to apply immediately after Brexit, unless legislators take action.[29]
The latter step will have the effect that all key EU private international instruments, including inter alia[31] the Rome I Regulation[32] will be stripped of its legal force.[33]
It would be naive to think that the uncertainty facing the UK in respect of private international law would be on top of the agenda during the Brexit negotiation process.[129]
Summary
The influence of European Union law on the United Kingdom is noteworthy. It has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Lord Palmerston best portrays the long-held attitude of the British in a speech to the House of Commons in 1848:
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
