Disputes and disagreements between parties in the UK and EU member states are inevitable in the wake of Brexit. In most cases, a lot depends on the specific facts, figures, and individual circumstances of the cross-border disputes. Factors such as where the proceedings are issued may play a significant role in conflict resolution. However, the good news is that certain steps can be taken to resolve or at least mitigate the challenges that crop up during cross-border disputes.
Steps to Resolve Challenges Associated with Cross-Border Disputes
Here are some practical measures that can be taken to minimize the risks accompanying the exit of the UK from the EU.
1.Dispute Resolution Laws
Consider including conflict resolution and governing clauses in contracts to streamline the process of dispute resolution. You may want to specify information like which courts have jurisdiction in the occurrence of a dispute and what laws govern the contract. It is advisable to seek specific advice on the jurisdiction provision in any case. It must be noted that courts in the EU member states recognize English governing law clauses. Therefore, you may want to insert them in your current or future contracts to avoid needless risk in the future.
2.Clause to Oblige Counter Parties to Accept Legal Proceedings in Your Jurisdiction
When entering a contract with a counterparty that domiciled outside of England or Wales while the contract contains a clause in favour of the jurisdiction in England or Wale, it becomes important to add a clause in the contract obliging the counterparty to hire an agent in your jurisdiction and accept the legal proceedings. Adding the clause and taking these appropriate actions will make sure that in case of a dispute, you are able to serve a proceeding on the counterparty without facing any legal constraints.
3.Specific Advice for Ongoing Disputes
If you have any ongoing cross-border disputes that did not get resolved during the transition period, it is advisable to seek specific advice from a lawyer to understand how the changes associated with Brexit will affect your cross-border dispute.
Conclusion
Resolving cross-border disputes during the current volatile environment can be challenging. Moreover, the reforms associated with Brexit may increase the cost and time for cross-border disputes. The most effective approach is to connect with an experienced lawyer to obtain legal advice tailored to meet your individual needs, requirements, and preferences. Contact us today for more information regarding the implications of Brexit on cross-border disputes.
