{"id":23260,"date":"2021-02-18T13:02:13","date_gmt":"2021-02-18T13:02:13","guid":{"rendered":"https:\/\/spanishchamber.co.uk\/?p=23260"},"modified":"2021-02-24T10:14:51","modified_gmt":"2021-02-24T10:14:51","slug":"blog-post-brexit-jurisdiction-and-enforcement-of-judgments","status":"publish","type":"post","link":"https:\/\/spanishchamber.co.uk\/es\/2021\/02\/18\/blog-post-brexit-jurisdiction-and-enforcement-of-judgments\/","title":{"rendered":"Blog Post | Brexit\u00a0Jurisdiction and\u00a0Enforcement of Judgments\u00a0\u00a0"},"content":{"rendered":"

BLOG POST BY\u00a0SCORNIK GERSTEIN LLP<\/a><\/span><\/p>\n

Following<\/span>\u00a0the end of the\u00a0<\/span>Brexit<\/span>\u00a0transition period on 31 December 2020,\u00a0<\/span>we have received<\/span>\u00a0several enquiries as to how jurisdiction and enforcement of orders in\u00a0<\/span>cross-border disputes\u00a0<\/span>will be determined\u00a0<\/span>as<\/span>\u00a0from 1 January 2021.<\/span>\u00a0<\/span><\/p>\n

Proceedings\u00a0started\u00a0up to\u00a031 December 2020\u00a0<\/strong><\/p>\n

When proceedings started before 31\/12\/2020, w<\/span>ithin the<\/span>\u00a0European Union<\/span>\u00a0<\/span>(<\/span>EU<\/span>)<\/span>, the rules on which country’s courts have jurisdiction over a dispute and the enforcement of judgments will continue\u00a0<\/span>to be determined by the<\/span>\u00a0Brussels I Regulation and the Lugano Convention, which\u00a0<\/span>provides for the\u00a0<\/span>parties’ contractual choice of jurisdiction<\/span>\u00a0<\/span>and judgments from the courts of member states are recogn<\/span>ised<\/span>\u00a0and enforceable across the EU.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

Proceedings\u00a0started\u00a0after 1 January 2021\u00a0<\/strong><\/p>\n

Post\u00a0<\/span>Brexit<\/span>,\u00a0<\/span>the\u00a0<\/span>Brussels I Regulation and the Lugano Convention will no longer rule the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters when one of the part<\/span>ies<\/span>\u00a0is domiciled in the U<\/span>nited Kingdom (UK)<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n

In order to address this issue, the UK has taken some actions which include applying to join the Lugano Convention in its own right. Although the Lugano Convention would offer a similar framework to the Brussels Regulation, the process to its approval will take months and a decision from the EU on the UK\u2019s accession is still pending, in other words, it is not guaranteed.<\/span>\u00a0<\/span><\/p>\n

In the meantime, jurisdiction and enforcement of judgments for\u00a0<\/span>matters<\/span>\u00a0issued in\u00a0<\/span>the UK<\/span>\u00a0will be determined by common law, supplemented by\u00a0<\/span>the Hague<\/span>\u00a0Convention 2005<\/span>\u00a0(the HC2005)<\/span>, which UK has acceded in its own right with effect\u00a0<\/span>as\u00a0<\/span>from 1 January 2021. The\u00a0<\/span>HC2005<\/span>, to which all EU member states are party, requires the court\u00a0<\/span>of choice<\/span> in an exclusive choice of court clause to hear the case <\/span>and<\/span>\u00a0prevent<\/span>s<\/span>\u00a0<\/span>the\u00a0<\/span>courts\u00a0<\/span>of the other countries\u00a0<\/span>from hearing proceedings<\/span>\u00a0when they are not\u00a0<\/span>the chosen court<\/span>.\u00a0<\/span>Therefore, parties may now consider\u00a0<\/span>adding\u00a0<\/span>exclusive jurisdiction clauses in their contracts to avoid future disputes on this matter.<\/span>\u00a0<\/span><\/p>\n

In addition, the\u00a0<\/span>H<\/span>C<\/span>2005<\/span> requires any judgment rendered by the chosen court to be recognised and enforced in the courts of all other contracting parties. Moreover, many EU member states enforce foreign judgments under their national laws, regardless of international arrangements. This is the case in the UK and Spain; among others. However, there may be additional requirements, and thus <\/span>more\u00a0<\/span>time and cost involved.<\/span>\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

If you wish to keep updated about the new rules and new opportunities generated by\u00a0<\/span>Brexit<\/span>, please register your interest at<\/span>\u202f<\/span>www.thebrexitlaw.com<\/span><\/a>\u00a0<\/span>\u00a0<\/span><\/p>\n

SCORNIK GERSTEIN LLP<\/span><\/b>\u00a0is offering all the members of the Spanish Chamber of Commerce in the UK a<\/span>\u00a025% discount on all our professional legal services until 31.05.2021.\u00a0<\/span><\/b>Please clic<\/span>k here for further information:\u00a0<\/span>(<\/span>https:\/\/spanishchamber.co.uk\/oferta\/discount-legalwork\/)<\/span><\/a>\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

BLOG POST BY\u00a0SCORNIK GERSTEIN LLP Following\u00a0the end of the\u00a0Brexit\u00a0transition period on 31 December 2020,\u00a0we have received\u00a0several enquiries as to how jurisdiction and enforcement of orders in\u00a0cross-border disputes\u00a0will be determined\u00a0as\u00a0from 1 January 2021.\u00a0 Proceedings\u00a0started\u00a0up to\u00a031 December 2020\u00a0 When proceedings started before 31\/12\/2020, within the\u00a0European Union\u00a0(EU), the rules on which country’s courts have jurisdiction over a dispute […]<\/p>\n","protected":false},"author":75,"featured_media":23265,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[48],"tags":[],"_links":{"self":[{"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/posts\/23260"}],"collection":[{"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/users\/75"}],"replies":[{"embeddable":true,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/comments?post=23260"}],"version-history":[{"count":0,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/posts\/23260\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/media\/23265"}],"wp:attachment":[{"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/media?parent=23260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/categories?post=23260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/spanishchamber.co.uk\/es\/wp-json\/wp\/v2\/tags?post=23260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}