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 remains unchanged by Brexit.
The attraction of using English courts to resolve international disputes is also generally unaltered by Brexit.
Choice of law
There is no need to change standard choice of law clauses in commercial contracts, as these are broadly unaffected by Brexit.
Jurisdiction and enforcement
Now that the transition period has ended, some English court judgments may be less readily enforceable in EU member states than was previously the case. This will only be a factor for a party if obtaining a judgment that is enforceable throughout the EU is important. If it is, then there are various options, including giving non-exclusive jurisdiction to the English courts, choosing another acceptable EU court, or agreeing to arbitration.
Parallel proceedings and anti-suit injunctions
Now that the transition period has ended, there is no longer a bar on parallel proceedings, although in that situation the English courts are now free to issue anti-suit injunctions.
Now that the transition period has ended, it may be more difficult to serve English legal proceedings on EU counterparties. Therefore in transactions with such counterparties (and more generally) a contractual agent for service of process clause is strongly recommended.
To cater for potential uncertainties (for DR clauses and more generally) be sure to include robust severance provisions in contracts.