In this section, we highlight the key consequences of Brexit for dispute resolution in England.
The benefits of using English law to govern international commercial transactions remain generally unchanged by Brexit.
The attraction of using the English courts to resolve international disputes also remains generally unchanged by Brexit.
Choice of law
There is no need to change standard choice of law clauses in commercial contracts, as these have been broadly unaffected by Brexit.
Jurisdiction and enforcement
Some types of English jurisdiction clause have ceased near-automatically to be respected throughout the EU in the way that they were previously, and some types of English court judgment may now be less readily enforceable in the EU than was previously the case. It is therefore important to give careful consideration to the best dispute resolution mechanism to include in any new contracts with an EU element, particularly if obtaining a judgment that is quickly and easily enforceable in the EU is an important factor.
It is now more difficult to serve English legal proceedings on EU-based counterparties. It therefore remains strongly recommended that an agent for service of process clause is included in any contracts with such counterparties (and indeed with international counterparties more generally).