Post-Brexit Disputes

This article was originally published in The Oath. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only. 

Many contracts relating to business in the Middle East select English law and English courts (or English law together with international arbitration). The reasons influencing this selection are unlikely to change as a result of Brexit. However, from January 1, 2021, the UK and the European Union have entered a new phase in their international legal relationship. This article addresses what that means for governing law and dispute resolution clauses in those contracts, what it means for the enforcement of UK court judgments within the EU (and EU court judgments within the UK), and concludes with a list of key considerations when deciding on governing law and dispute resolution clauses.

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