Judicial Cooperation in Civil and Commercial Matters After Brexit: Which Way Forward?

International and Comparative Law Quarterly (ICLQ) 67 (2018) 99-128

30 Pages Posted: 12 Dec 2018

See all articles by Giesela Ruhl

Giesela Ruhl

Friedrich-Schiller-University Jena

Date Written: January 20, 2018

Abstract

Judicial cooperation in civil and commercial matters is generally perceived to be of a rather “specialist and technical nature”. However, for the many UK and EU citizens, families and businesses who work, live, travel and do business abroad, the current European framework for choice of law, jurisdiction and recognition and enforcement is of paramount importance. The article, therefore, explores how that framework might look like after Brexit and explores the merits and demerits of the various ways forward. It argues that the best option for both the UK and the EU would be to agree on the continued application of the existing EU instruments or to strive for conclusion of a new agreement that closely replicates these instruments. If no such agreement can be reached the UK should decide to apply the Rome I and Rome II Regulations unilaterally and sign the Lugano Convention of 2007 as well as the Hague Convention on Choice of Court Agreements of 2005.

Suggested Citation

Ruhl, Giesela, Judicial Cooperation in Civil and Commercial Matters After Brexit: Which Way Forward? (January 20, 2018). International and Comparative Law Quarterly (ICLQ) 67 (2018) 99-128. Available at SSRN: https://ssrn.com/abstract=3287823

Giesela Ruhl (Contact Author)

Friedrich-Schiller-University Jena ( email )

Faculty of Law
Carl-Zeiss-Straße 3
Jena, Thuringa 07743
Germany

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