Jurisdiction and Enforcement Post Brexit

Abstract

In the context of international business and commercial transactions, it is vital that the judgments of one State are enforced by the courts in another. EU law has played a significant role in revolutionising the rules applicable to jurisdiction and enforcement in a cross-border context. As a Member State, the UK has benefitted from these rules and they have contributed to the position of the UK and, in particular, London as the leading centre for dispute resolution in Europe, if not worldwide. With the purpose of contributing to the ongoing discussion concerning common EU and UK rules on jurisdiction and enforcement of judgments post Brexit more broadly, this article provides an updated view of the major issues involved. In doing so, it also underlines the importance of a common EU-UK framework in this regard and the urgency for the EU and UK negotiators to agree on a sensible way forward.