The case

The UK ceased to be a member of the EU on 1 February 2020 and is now in a transitional phase ending on 31 December 2020. During this period, the UK will continue to comply with EU rules on arbitration and dispute resolution. A common question from clients is how this will change when the transitional period ends and should they take action now? There are several articles on this subject, for example PWC or Travers Smith LLP 2020; for more see link.

I leave the assessment of the impact in the UK-EU relationship to experts with specific expertise. From a Swiss perspective, the impact of BREXIT mainly relates to the question of jurisdiction and recognition of judgments under the Lugano Convention, which has been relevant so far.

Here is a summary of the main issues to be considered.

Source: bj.admin.ch; PWC and Travers Smith LLP 2020 and Raphael Cica, General Counsel, KENDRIS

The commentary

If the UK does not accede to the Lugano Convention as an independent state, the Federal Act on Private International Law (PILA) will apply from the Swiss perspective. No particular problems or questions of jurisdiction should arise from this. The applicable law and the recognition of judgments should be based on the internationally recognised principles contained in PILA.

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