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Jul 14, 2022
The UK government’s latest moves to revise the Northern Ireland Protocol ride roughshod over international law and threaten the country’s reputation and relations abroad
Are there other consequences arising from Brexit? This panel will review matters from the perspectives of the UK, the EU27 and from a ‘third party’ standpoint.
4th IBA Litigation Committee Conference on Private International Law
Aug 04, 2021
The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.
May 27, 2021
The Northern Ireland Protocol remains one of the most contentious aspects of the UK’s departure from the EU.
Significant regulatory developments, including Brexit and AIFMD, have had meaningful implications for managers and marketers of alternative investment funds.
21st Annual International Conference on Private Investment Funds
Dec 04, 2018
Podcast: The profound challenges posed by the UK's withdrawal from the EU, assessed by Ken Clarke, Vanessa Sciarra, Mary Robinson and Romano Prodi.
Brexit poses profound challenges to the future of Britain and the European Union. The economic impact and the repercussions for global trade are among many areas of deep uncertainty.
Significant regulatory developments, including the Marketing Rule, Brexit and AIFMD, have had meaningful implications for managers and marketers of alternative investment funds.
22nd Annual International Conference on Private Investment Funds
Brexit: preparing for uncertainty by Lucy Trevelyan. IHP August 2019
• Do trends from outside the continent such as Brexit and the renegotiation of the North American Free Trade Agreement have any lessons for African agreements?
Biennial IBA African Regional Forum Conference: future-proofing the African legal profession
26 April 2021, 1300 - 1415 BST
Lawyers fear that the government’s hard line on its promise to ‘take control’ of its own laws will lead to failure in pursuing a comprehensive dispute settlement agreement in Brexit negotiations. Article 50 of the Lisbon Treaty does not stipulate any rules or regulations regarding dispute settlement after a country leaves the European Union, but lawyers say it is vital that this is prioritised in the talks.
Nov 18, 2016
Jack Straw, Tony Travers and Arlene Foster on the implications for sovereignty, trade, immigration and security
The United Kingdom exited the European Union on 31 January 2020. By virtue of this, the EU Takeover Directive ceased to apply in the UK, and thus there was a need to amend the existing regulatory framework on takeovers for it to operate after the UK’s exit from the EU. As a result, the Code Committee of the Takeover Panel published a Public Consultation Paper proposing amendments to the Takeover Code. A Response Statement was also published by the Code Committee with final proposed amendments. [...]
IBA Global Insight April/May 2019 - Three years of uncertainty since the referendum have triggered remarkable levels of both engagement and frustration. Maintaining essential values underpinning democracy and the rule of law in the face of toxic global forces remains a potentially overwhelming challenge
Oct 21, 2022
Enforcement is rightly recognised as a key advantage of arbitration. That advantage has either been preserved or amplified in post-Brexit England. This article considers four significant changes in that regard. First, the English Courts are no longer bound by the recent judgments of the CJEU regarding the incompatibility of investment treaty arbitration with EU law. Second, the English Courts may have broader powers to compel arbitration. Third, it remains the case that the UK remains a party to the New York Convention in relation to enforcement of awards. Finally, England may be a favourable destination for enforcement of awards against sanctioned assets. Accordingly, Brexit is likely to be a big win for Arbitration.
IBA Global Insight, June/July 2018 - The UK is set to break from the European Union, pursuing free trade with the rest of the world. But the prospect of re-introducing Ireland’s hard border presents major challenges.
Jul 16, 2021
Individuals and organisations alike are getting to grips with how the immigration landscape has changed in a post-Brexit era. EEA nationals will now be treated like non-EEA nationals and will require immigration status to live and work in the UK. This article provides answers to some of the questions that organisations may have concerning the changes to immigration status.
‘Ministers’ intentions are not law’ the Supreme Court stated in the UK’s most important constitutional case for a generation. In its ruling in R (on the application of Gina Miller & Dos Santos) v Secretary of State for Exiting the European Union (EU), the Court found against the UK Government. It concluded that the legislature – parliament – must pre-approve the intentions of the executive – the government – to start the process of the UK’s withdrawal from the EU.
The recent High Court ruling that the UK government must consult Parliament before triggering Article 50 of the EU Lisbon Treaty was always going to attract considerable attention. Yet, as the case heads to the Supreme Court, the vitriolic reaction to the judgment in certain corners of the media has sparked a broader debate about the roles of both the judiciary and the press in high-profile legal cases.
Sep 25, 2019
In a dispute that has clear implications for the United Kingdom, the European Commission has al-lowed the European Union equivalence arrangement for Swiss stock markets to expire. In the event of Brexit, the UK would need to pursue an equivalence relationship for the City of London with the EU.
Much of the coverage devoted to the European Union (Withdrawal) Bill making its way through Parliament suggests it has one aim: ensuring all EU law is taken into UK law to avoid any legal gaps when the UK leaves the EU on 29 March 2019. However, one piece of EU legislation is specifically excluded. Clause 5(4) of the Bill states ‘The Charter of Fundamental Rights is not part of domestic law on or after exit day.’
Despite attempts to amend this clause in both Houses of Parliament, and much concern express
Feb 22, 2023
The process of ‘sunsetting’ laws envisioned under the Retained EU Law (Revocation and Reform) Bill – introduced into the UK Parliament in autumn 2022 – has led to fears of significant legal uncertainty.
May 27, 2021
A report on a session which discussed UK banks banking in the EU and EU banks banking in the UK, and asked whether third country banks (ie, non-UK/non-EU banks) are in a better position.
Mar 05, 2021
Despite the EU and UK’s eleventh-hour deal on trade in December 2020, no direct agreement was reached to replace the Brussels Regulation (recast) regime. This regulation provides a streamlined process for the reciprocal enforcement of judgments between the courts of EU Member States. Since 1 January 2021, therefore, the regime no longer applies to the UK.
A webinar presented by the IBA Criminal Law Committee, Tuesday 27 April 2021, 1700 – 1815 BST
As the date currently set for the UK’s exit from the European Union approaches, the prospect of a no deal Brexit at the end of March has become increasingly real. On 15 January, MPs emphatically voted down the withdrawal deal put forward by Prime Minister Theresa May, by an historic majority: 432 – 202. They’re due to vote on the government’s Plan B option on 29 January, with key sectors of the economy keen for certainty that is currently distinctly lacking.
As the UK unveiled its settled status scheme for EU citizens that wish to remain in the UK post-Brexit, British Home Secretary Sajid Javid took to social media to criticise EU countries for ‘taking far too long’ to outline their plans for Britons living on the continent after Brexit.
The March 2019 Brexit negotiation deadline gets ever closer and, after hours of fierce debate in the UK Parliament, the European Union Withdrawal Bill was finally enacted on 26 June. But the passing of the Sanctions and Anti-Money Laundering Bill on 23 May is likely to have a more immediate impact on the City of London as the UK faces international diplomatic pressure to adopt a more combative approach, particularly towards Russia.
In the housing estates above Belfast an uneasy peace reigns. British flags flutter in Protestant neighbourhoods while across the Irish Sea, Britain — perhaps indifferent to this display of loyalty — seeks to become ‘great’ again via Brexit. Harking back to the days when its flags fluttered further afield, Britain wants to break free of the European Union and restore free trade with a globalised world. But what price is the United Kingdom government prepared to pay to achieve its goal?
Nov 08, 2021
In late June, the European Commission formally blocked the UK’s accession to the Lugano Convention via a communication to the Swiss Federal Council, in its role as Depositary of the Convention.
Oct 20, 2021
The United Kingdom’s withdrawal from the European Union (Brexit) has brought about significant changes to international dispute resolution in the UK and, insofar as disputes have a UK nexus, in the EU. In particular, since the end of the transition period, the Brussels Recast Regulation, which provides, inter alia, for the free circulation of judgments between EU Member States, no longer applies in the UK. Neither does it apply in the EU to judgments rendered by UK courts. Similarly, the UK has lost its access to the Lugano Convention. As the EU-UK Trade and Cooperation Agreement does not include rules on private international law, many important questions for cross-border dispute resolution between the EU and the UK are now determined by other multilateral treaties (notably the Hague Convention on Choice of Court Agreements) and domestic private international law rules. This article discusses the impact of Brexit on the litigation and arbitration of commercial disputes from both EU and UK perspectives. In particular, this article considers the impact of Brexit on the following key issues: jurisdiction agreements and the enforcement of foreign judgments, choice of law and arbitration. The article analyses the changes brought about by Brexit to the legal landscape for dispute resolution and considers the consequences such changes may have for parties’ choice of law and forum.
Apr 21, 2021
Brexit took place, as we knew it would, but thankfully not the real hard version that many had feared. Breaking up after so many years implies that that the ‘to do’ list is long.
Sep 09, 2020
In July the British Government announced the first wave of targets of its new, post-Brexit sanctions regime. Forty-nine individuals and organisations have been targeted, meaning they are banned from entering the United Kingdom, channelling money through UK banks or ‘profiting from our economy’, as the government announcement stated.
May 11, 2018
Following Donald Trump’s shock victory in the 2016 US election, Russian interference has become a major focus. Special counsel Robert Mueller has already indicted 13 Russian nationals and three Russian entities for allegedly meddling in the election
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