What Brexit Means for the Interpretation and Drafting of Financial Contracts

Abstract

Brexit is creating a lot of uncertainty for banking and financial relationships. This article tries to bring some clarity on four issues: the law applicable to contractual and non contractual obligations, the interpretation and performance of contracts executed before the referendum, the drafting of post-referendum contracts, and the impact of Brexit on dispute resolution clauses.

Keywords: Brexit, referendum, conflict of laws, Rome regime, Brussels regime, Private International Law, Financial Law, Contract Law

JEL Classification: F3, G32, K39, K3, K2, K4