Abstract
The United Kingdom voted to leave the European Union, ending a 40-year relationship. Britain’s exit (Brexit) will no doubt affect European Union private international law, which is currently part of the United Kingdom’s legal system. This article attempts to predict the sort of arbitration and private international law that the United Kingdom will have after its departure from the European Union. The article proposes that European Union private international law could be easily transposed into United Kingdom domestic law. In addition, the United Kingdom enforcement of court decisions in the European Union, after exiting the union and without concluding any further agreement with the union as to how jurisdiction must be allocated, should be achieved through the United Kingdom joining the Hague Convention on Choice of Court Agreements. Finally, the paper concludes that Brexit will increase the use of English law and the specification of England and Wales as the jurisdictions in international commercial contracts because the United Kingdom would no longer be required to incorporate those aspects of European law that can prove problematic.
Highlights
European Union law in the civil justice area has changed enormously since the creation of the union
In 2010, Queen Mary University of London (QMUL) conducted a survey called the 2010 International Arbitration Survey, which collected perceptions from 136 firms. (Note 7) The survey found that 40% of the respondents preferred the application of English law in arbitrations, while 17% opted for New York state law
European Union private international law has shaped English law in many ways, and the United Kingdom government needs to decide to what extent European Union legislation should effectively remain in place
Summary
European Union law in the civil justice area has changed enormously since the creation of the union. On 2nd October 2016, the United Kingdom’s Prime Minister, Theresa May, stated that a Great Repeal Bill to repeal the 1972 European Communities Act and European Union regulations would be transposed into domestic law, wherever practical, with effect from the date of British withdrawal (BBC News, 2 October 2016). The treaties (the Treaty on the European Union and the Treaty on the Functioning of the European Union) ceased when Article 50 was triggered by the United Kingdom, and Section 2(1) no longer has any legal effect in the country (Basedow, 2016). The treaties (the Treaty on the European Union and the Treaty on the Functioning of the European Union) ceased when Article 50 was triggered by the United Kingdom, and Section 2(1) no longer has any legal effect in the country (Basedow, 2016). (Note 2) This will impact fundamental European Union private international law in the United Kingdom, the Brussels I and II Regulations, the Rome I and Rome II Regulations, the Maintenance Regulation, the Evidence and Service Regulations, and the Insolvency Regulations (Dickinson, 2016). (Note 3) The following sections will discuss the situation for jurisdiction and judgments in civil and commercial matters and the law applicable to contractual and non-contractual obligations, as well as the best options for the United Kingdom in this field of law after Brexit
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