Dispute Resolution

LEGAL

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Customs and Tariffs
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post brexit dispute regulation
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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

The report warns that if the Government tries to insulate the UK from any ECJ influence it could end up with no deal. Any dispute resolution system that challenges the ECJ’s role as final arbiter of EU law would be difficult to negotiate and would likely be struck down by the court.

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.

https://www.kwm.com/en/uk/knowledge/insights/cross-border-litigation-and-arbitration-post-brexit-20200220

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.

www.lawgazette.co.uk/law/arbitration-panel-proposed-for-post-brexit-dispute-resolution/5062517.article

How can Ready for Brexit help you?

We can help you redesign your business model and survive Brexit.
Our consulting team have personal experience of operating before the Single Market and Customs Union began.
We know the issues and can help you solve your problems.

We can help with the key issues:

Brexit Advice on Customs and Tariffs – fixing the problems that Brexit has created

CUSTOMS AND TARIFFS

Brexit Advice on Rules of Origin – fixing the problems that Brexit has created

RULES OF ORIGIN

Brexit Advice on Northern Ireland – fixing the problems that Brexit has created

NORTHERN IRELAND

Brexit Advice on Incoterms – fixing the problems that Brexit has created

INCOTERMS

Brexit Advice on UK and EU Reach Regulation post-Brexit

REACH

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