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Clifford Chance

Brexit and jurisdiction clauses: choice of English law following the EU referendum

The choice of law to govern a contract will be unaffected by Brexit, if and when it occurs, but jurisdiction provisions may require consideration.  But that is only the case if enforceability of a judgment throughout the EU is a significant factor in the choice of jurisdiction.  If it’s not, nothing changes.  If enforceability of a judgment throughout the EU is important, there are various responses available, including the bold one of giving the English courts exclusive jurisdiction.

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27 June 2016

Brexit and jurisdiction clauses: Choice of English law following the EU referendum

The choice of law to govern a contract will be unaffected by Brexit, if and when it occurs, but jurisdiction provisions may require consideration.  But that is only the case if enforceability of a judgment throughout the EU is a significant factor in the choice of jurisdiction.  If it’s not, nothing changes.  If enforceability of a judgment throughout the EU is important, there are various responses available, including the bold one of giving the English courts exclusive jurisdiction.

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