Abstract
International jurisdiction is fundamental to the effective resolution of cross-border disputes. Brexit invites focus on the scope and function of the UK’s future approach to residual jurisdiction. These rules reflect national values while managing transaction and litigation risk. While Scottish rules are more closely aligned to the form and content of Brussels I Recast Regulation, the CPR in England enables flexibility with regard to new forms of actions. In a future where EU private international law’s direct influence will shift, this article demonstrates how UK legislation and judicial approaches to international jurisdiction should adjust. Schedules 4 and 8 to the Civil Jurisdiction and Judgments Act 1982, and aspects of the English CPR, should be revised to take account of the benefits of EU IPL. The UK courts’ application of the doctrine of forum non conveniens will also become more prevalent, regardless of the defendant’s domicile.
Original language | English |
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Pages (from-to) | 161-183 |
Number of pages | 23 |
Journal | Journal of Business Law |
Volume | 2020 |
Issue number | 3 |
Publication status | Published - 9 Apr 2020 |
Keywords
- Allocation of jurisdiction
- Brexit
- Cross-border disputes
- EU law
- Forum non conveniens
ASJC Scopus subject areas
- Law