Brexit and Arbitration: What Happens Next?

Abstract

The purpose of this paper is to examine if Brexit may affect international commercial arbitration in the United Kingdom as well as in the European Union. In order to reveal this issue, firstly, it is analysed if Brexit has any effect on London as favourable seat of arbitration. Second, the author determines how Brexit may affect the recognition and enforcement of the foreign arbitral awards in both the United Kingdom and the European Union. Third, the paper deals with the anti-suit injunctions and their application in the United Kingdom after Brexit.

When analysing the abovementioned issues, the author argues that Brexit will not affect international commercial arbitration in the United Kingdom and in the European Union but on the contrary – it may have very positive effects on this method of alternative dispute resolution.

To reveal the subject-matter of the conference paper, the author analyses laws of the United Kingdom and the European Union as well as the relevant sources of international law. The author also bases his conclusions on the case-law and the opinions of legal doctrine.

Keywords: Brexit, arbitration, anti-suit injunctions, recognition and enforcement of arbitral awards