| Topic | Transition Period | After Transition Period (from 1 January 2021) |
|---|---|---|
| Jurisdiction | For proceedings initiated until 31 December 2020, the Brussels Ia Regulation on jurisdiction and the recognition and enforcement of judgments continues to apply, including the rules on jurisdiction contained therein, the uniform application of jurisdiction clauses and the block on pending lawsuits (lis pendens). | The Brussels Ia Regulation no longer applies. The jurisdiction of courts in the UK is therefore governed by national law. Conflicts of jurisdicton may increase. The UK has joined the 2005 Hague Convention on Choice of Court Agreements. It applies to exclusive choice of court agreements. |
| Recognition and enforcement | Judgments in proceedings initiated by 31 December 2020 participate in the free movement of judgments (automatic recognition and enforcement of judgments). | The 2005 Hague Convention on Choice of Court Agreements applies to the recognition and enforcement of judgments of a court designated in an exclusive choice of court agreement. The UK's intended accession to the 2007 Lugano Convention is subject to the consent of the other contracting parties, in particular the EU. In relation to Germany, the bilateral Recognition and Enforcement Convention of 1960 could be reinstated. Otherwise, UK judgments could only be recognised and enforced under the rules applicable to non-EU states so that the requirement of reciprocity will play an essential role; this would apply likewise to the enforcement of Member State judgments in the UK. A generous enforcement practice is to be expected. However, special attention should be paid to the enforcement possibilities when concluding choice of court agreements. |
| Applicable Law | The law applicable to contractual obligations involving more than one country and concluded before 31 December 2020 is governed by the ROME I and ROME II Regulations. | The content of the ROM I and ROM II Regulations have been transposed into national UK law. The same conflict of laws rules continue to apply in the EU and the UK. |
| Role of the CJEU | CJEU has jurisdiction over the UK until the end of the transitional period. | UK courts will no longer be bound by any of the CJEU's decisions. This also applies to the ban of anti-suit injunctions. |
| Arbitration/ADR | Recognition of arbitration agreements and enforcement of foreign arbitral awards are governed by the 1958 New York Convention which UK and Member States are parties to. The EU Mediation Directive 2008/52/EC enables mediation settlement agreements to be recognised and enforced amongst the Member States. | In the light of the New York Convention, international arbitration law is likely to offer a legally more secure alternative. Also in the field of arbitration, UK courts could (again) issue anti-suit injunctions. UK national law implemented in accordance with the EU Mediation Directive has been repealed and is no longer applicable to cross-border disputes. |
