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What Does Brexit Mean for the Brussels Regime? Journal of International Arbitration

Sara Masters QC and Belinda McRae have co-authored a chapter for the Journal of International Arbitration - Issue 33. SI

Please find below an excerpt from the chapter (The full chapter is attached below). 

As the dust begins to settle after the United Kingdom’s historic and to many unexpected vote to leave the European Union (EU), attention is now turning to the impact of Brexit on those areas that were not central to the popular political debate. One of those is the Brussels regime: the collection of European treaties and regulations that harmonize the rules applying to civil and commercial proceedings and judgments in EU Member States. Until Article 50 of the TEU is triggered and the future shape of the UK’s relationship with the EU is negotiated and settled, there can be no certainty as to what effect Brexit may have upon that regime. One can, however, immediately identify and evaluate the options that are most likely to be at the negotiating table. In this article, we set out to conduct that exercise for the EU rules governing the allocation of jurisdiction and recognition and enforcement of judgments, which are codified in the Brussels I Regulation (Recast) (hereinafter ‘the Recast Regulation’).

 

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