UK Post Brexit Access to the EU and its Effect on Dispute Resolution

10 Pages Posted: 8 May 2018

See all articles by Eddy Wymeersch

Eddy Wymeersch

Ghent University - Financial Law Institute; ECGI

Date Written: April 16, 2018

Abstract

This paper attempts to analyse some of the factors which may increase the pressure to refer to EU law and EU jurisdictions when drafting contracts, particularly if no agreement is reached between the EU and UK on jurisdictional matters such that there is an absence of an adequate enforcement mechanism. EU supervisory authorities may require reference to the law of one of the Member States to ensure effective investor protection and to determine the systemic relevance of certain activities. In terms of risk assessment, outcomes may be different depending on the legal system on which the contracts are based. The presence of UK banks and investments firms as subsidiaries in the EU, with stronger involvement with EU clients, could also mark a shift towards the use of EU law.

JEL Classification: F34, G21, K12, K15, K14, M41

Suggested Citation

Wymeersch, Eddy O., UK Post Brexit Access to the EU and its Effect on Dispute Resolution (April 16, 2018). European Banking Institute Working Paper Series 2018 - no. 25. Available at SSRN: https://ssrn.com/abstract=3169066 or http://dx.doi.org/10.2139/ssrn.3169066

Eddy O. Wymeersch (Contact Author)

Ghent University - Financial Law Institute ( email )

Universiteitstraat 4
Gent, B-9000
Belgium
+32 9 264 68 27 (Phone)
+32 9 264 68 55 (Fax)

HOME PAGE: http://www.law.ugent.be/fli

ECGI ( email )

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

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