Jurisdiction post Brexit: Lugano Convention update

Jurisdiction post Brexit: Lugano Convention update

Since our detailed jurisdiction update in May 2021 (https://www.harbottle.com/jurisdiction-post-brexit/) in which we highlighted the potential importance of the Lugano Convention in settling the position on jurisdiction following Brexit, the European Commission has confirmed, in a communication to the parties to the Lugano Convention, that the European Union is not “in a position to give its consent to invite the United Kingdom to accede to the Lugano Convention”.

The European Commission’s stance is based on the fact that the UK is not a member of the European Economic Area or European Free Trade Association and the premise that the Lugano Convention is intended only for states with close regulatory integration with the European Union. There is little indication that this stance will change.

It therefore remains the case that, as regards issues of jurisdiction in England & Wales, if the 2005 Hague Convention does not assist, jurisdiction is governed by the common law. The good news is that, notwithstanding the position regarding the Lugano Convention, exclusive jurisdiction agreements are enforceable under the 2005 Hague Convention and arbitrations are unaffected.

Lizzie Williams is a Senior Associate at Harbottle & Lewis. She is a member of the Firm’s Dispute Resolution Group. You can find out more about our Dispute Resolution offering here.

Recent posts

Previous
Next
AI Report
Read more
Baby Reindeer, internet sleuths and the perils of jigsaw identification
Read more
What businesses should consider before implementing monitoring
Read more
'Consent or pay’: the EDPB’s two cents on the right model
Read more
Take note: new guidance on the ICO’s penalties and fines
Read more
Labour’s proposed secondary ticketing reforms
Read more
The abolition of non-domicile in the Spring Budget
Read more
Content moderation: the ICO's guide
Read more
The Government moves to address unlawful immigration exemption under the Data Protection Act 2018
Read more
How can I get probate to sell my property?
Read more

More from this author

Previous
Next
Positive Development for Cross-Border Enforcement
Read more
Dispute Resolution in the Metaverse
Read more
How brands can adopt generative AI and avoid disputes
Read more
Digital Assets: Final Report
Read more
Service of Court documents via NFTs – no longer a novelty
Read more
High Court claim involving claimed Bitcoin creator – a significant Court of Appeal judgment
Read more
Significant Court of Appeal Judgment on Limitation of Liability in IT Contracts
Read more
Meet you in the Metaverse
Read more
High Court claim involving claimed Bitcoin creator – the latest twist
Read more
New Podcast: Succession & Digital Assets
Read more
High Court claim involving claimed Bitcoin creator – one to watch
Read more
Tech and Sport podcast now live
Read more
Jurisdiction in 2021: LexisNexis webinar
Read more
Smart legal contracts: important update
Read more
Latest trends in data protection enforcement
Read more
Listen to our new podcast episode on NFTs
Read more
Listen to our first Digital Download podcast
Read more
Lawtech UK feasibility study
Read more

Share this page