i-law

Lloyd's Maritime and Commercial Law Quarterly

EUROPEAN UNION MARITIME LAW

Simon Baughen*

UK REFERENDUM

213. The UK Referendum: “Brexit”

On 23 June 2016 the people of the United Kingdom voted in a referendum to leave the EU. Notice to leave the EU under the EU Treaty, Art.50 was given on 29 March 2017, following passing of the European Union (Notification of Withdrawal) Act 2017, with the effect that after two years the United Kingdom will cease to be a member of the EU. With the repeal of the European Communities Act 1972, all EU legislation—Regulations, and secondary legislation implementing Directives pursuant to the powers granted by the European Communities Act 1972, s .2(2)—will then cease to have effect in the UK. The UK Government has proposed a Great Repeal Bill which would retain EU legislation as part of UK law on the repeal of the European Communities Act 1972.

INTERNATIONAL CONVENTIONS

214. Hague Convention on Choice of Court Agreements 2005 (“the Hague Convention”)

The Convention was ratified by the EU (excluding Denmark) and came into effect on 1 October 2015. Two other states have ratified the Convention: Mexico, and Singapore (ratifying on 2 June 2016). The Convention applies only to wholly exclusive jurisdiction agreements in favour of the courts of one Contracting State (or one or more courts within one Contracting State). Its provisions are similar to those in Art.25 of the Brussels Regulation Recast.
The Convention does not apply to exclusive jurisdiction agreements in consumer or employment contracts, and does not apply to various matters, including; insolvency; carriage of passengers or goods; anti-trust/competition; rights in rem in immovable property, and tenancies of immovable property; the validity, nullity or dissolution of legal persons, and the validity of decisions of their organs; various matters concerning the validity or infringement of intellectual property rights; the validity of entries in public registers; arbitration and related proceedings.


European Union Maritime Law

161

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.