Lloyd's Maritime and Commercial Law Quarterly
BREXIT, INTERNATIONAL JURISDICTION AND THE SPACE BETWEEN ADJUDICATION AND EXECUTION: A CORRIDOR OF UNCERTAINTY?
James Woolrich*
The future role in English private international law for t he European rules of jurisdiction and recognition/enforcement of judgments in civil and commercial matters is currently up for debate. This article assesses the operation of those European rules in the post-adjudication phase of commercial disputes. In particular, it examines how the Brussels I Regulation (Regulation (EU) 1215/2012) might affect: the grant by the English court of orders in aid of enforcement of its own judgments; and the recognition in other Member States of orders made by the English court in aid of enforcement of arbitral awards. Identifying these issues is a step towards improvement of English private international law.
I. INTRODUCTION
One of the current hot topics for discussion, among lawyers and Parliamentary Committees at least,1 is this: what will replace the European rules concerning jurisdiction and recognition and enforcement of judgments in civil and commercial matters (referred to herein as “the European Rules”) following the exit of the United Kingdom from the European Union and the consequent repeal of the European Communities Act 1972? It is an important question because, at present, those European Rules form an integral part of
* Worcester College, Oxford; Special Counsel, Jenner & Block London LLP. My thanks to Professor Adrian Briggs QC for his very helpful comments. The usual disclaimer applies.
The following abbreviations are used:
Brussels Convention: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 [1998] OJ L27/1;
Brussels I Regulation (Brussels Recast Regulation): Regulation (EU) No 1215/2012 [2012] OJ L351/1;
Brussels Regulation (2001): Regulation (EC) No 44/2001 [2001] OJ L12/1;
ECJ: Court of Justice of the European Union (formerly of the European Communities);
Heidelberg Report: Study JLS/C4/2005/03 Report on the Application of Regulation Brussels I in the Member States;
jurisdictional gateway: one of the heads of jurisdiction contained in Practice Direction 6B, para.3.1;
Lugano I: Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988, 1998/592/EC [1998] OJ L319/9;
Lugano II: Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007/712/EC [2007] OJ L339/3;
New York Convention: New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958).
1. That is, the Justice Sub-Committee of the House of Lords Select Committee on the European Union and the House of Commons Justice Committee.
BREXIT: A CORRIDOR OF UNCERTAINTY?
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