Dispute Resolution

Julie Murphy O'Connor, Karen Reynolds and Gearóid Carey look at how Brexit will affect cross border disputes, in particular the enforcement of judgments obtained in such disputes, and what you should be considering if you are still negotiating your arrangements with a counterparty.

Julie Murphy O'Connor, Karen Reynolds and Gearóid Carey now turn to look at how Brexit will affect cross border disputes, in particular the jurisdiction of such disputes, in the event of a negotiated exit or in a no-deal scenario.

Taking a look at how Brexit will affect cross border disputes, in particular the service of proceedings in such disputes, Julie Murphy O'Connor, Karen Reynolds and Gearóid Carey conclude the Cross Border Disputes series.r

How will the governing law of a dispute be determined after Brexit? Julie Murphy O'Connor, Karen Reynolds and Gearóid Carey outline what a negotiated exit, and a no-deal Brexit, may mean for you.

Arbitration, and particularly commercial arbitration, is unlikely to be affected by Brexit.  However, depending on whether there is a negotiated exit or a no deal scenario, there are instances where the UK’s departure from the EU may have an impact.

The UK has established itself as a leading restructuring destination in Europe.  However, Brexit brings with it an opportunity for Ireland when it comes to cross border corporate restructuring as Julie Murphy O'Connor, Tony O'Grady, Brendan Colgan, Kevin Gahan explain.

The position with regard to privilege is an important issue in the context of cross border litigation, and corporate and regulatory investigations spanning both the UK and Ireland.

Following Brexit, the UK will no longer enjoy the enforceability of judgments under the Brussels Regulation, as enforcement of non-EU judgments in an EU Member State is a matter for the local law.

For businesses trying to navigate the current Brexit landscape, one key consideration is the impact of events on their contractual relationships.

The UK Government has issued a position paper setting out its vision for “a new, deep and special partnership” with the European Union in matters relating to enforcement and dispute resolution when the UK exits from the EU.