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21 - Brexit and the Competition of Dispute Resolution Fora in Europe

Whither the Rush to English Courts Post Withdrawal?

from Part V - International Commercial Courts and Global Governance

Published online by Cambridge University Press:  14 April 2022

Stavros Brekoulakis
Affiliation:
Queen Mary University of London
Georgios Dimitropoulos
Affiliation:
Hamad Bin Khalifa University
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Summary

The chapter reviews some core points on the impact on the competition for dispute resolution in Europe raised by the withdrawal of the United Kingdom from the European Union. UK courts have been important providers of national case law on European private international law, and little is expected to change in practice in the immediate post-Brexit period. Moreover, litigants will continue resorting to UK courts that will thus remain strong competitors to international commercial courts all over the world. Still, courts in Europe are likely to discontinue their automatic recognition and enforcement of UK judgments. Such development would give ICommCs on the continent and elsewhere an opportunity to take litigation away from the UK – under one important condition: ICommCs within the EU will need to ensure an appropriate integration within the national judiciary.

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Chapter
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International Commercial Courts
The Future of Transnational Adjudication
, pp. 501 - 514
Publisher: Cambridge University Press
Print publication year: 2022

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