
The key uncertainty when it comes to dispute resolution is over the future role of the European Court of Justice (ECJ) post-Brexit as the ultimate court governing disputes across borders. The legal basis for dispute resolution cannot be stated with certainty until this is resolved.
DISPUTE RESOLUTION LINKS
Dispute resolution after Brexit – an analysis from the Institute for Government
Certain processes currently available, such as European Payment Order Procedure or the European Procedure for Small Claims will also no longer be available to UK firms after Brexit.
ec.europa.eu/newsroom/just/document.cfm?action=display&doc_id=48468
Choice of law seems likely to still remain possible in commercial contracts.
Arbitration will of course remain an alternative to dispute resolution via the courts. Arbitrators can be nominated in contracts and this mechanism for dispute resolution currently seems unlikely to change very much after Brexit.
