Back to the Future - The UK's EU Exit and the Conflict of Laws

12 Pages Posted: 31 May 2016 Last revised: 25 Jun 2016

See all articles by Andrew Dickinson

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford; Clifford Chance LLP; The British Institute of International and Comparative Law (BIICL)

Date Written: May 31, 2016

Abstract

On 23 June 2016, the UK electorate will vote whether to remain in or leave the EU. A decision to leave would have a very significant effect on the UK's civil justice system and, in particular, on the rules of private international law applied to dispute resolution in a cross-border context. It is a highly speculative exercise to predict the future shape of private international law in the UK in these circumstances.

The object of this paper is not to predict the future course of private international law in the United Kingdom, but to analyse legal events of the past and to assess the position in which the UK would find itself if there should be a vote to leave. The main focus of the discussion is an attempt to identify the legal baseline of applicable private international law rules under international, EU and national law following withdrawal, with a particular emphasis on the domain currently occupied by the instruments applicable to civil and commercial matters (Brussels I, Lugano, Rome I, Rome II).

Keywords: Private International Law, Conflict of Laws, European Union, United Kingdom, Brexit, Jurisdiction, Foreign Judgments, Applicable Law, Treaty Law

Suggested Citation

Dickinson, Andrew, Back to the Future - The UK's EU Exit and the Conflict of Laws (May 31, 2016). Oxford Legal Studies Research Paper No. 35/2016. Available at SSRN: https://ssrn.com/abstract=2786888 or http://dx.doi.org/10.2139/ssrn.2786888

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

Clifford Chance LLP ( email )

10 Upper Bank Street
London, E14 5JJ
United Kingdom

The British Institute of International and Comparative Law (BIICL)

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

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