The EU-UK Trade and Cooperation Agreement: what does it mean for choice of English law and civil law disputes?
England and Wales
The EU and UK have agreed a draft trade and cooperation agreement (TCA), which applies provisionally from 11 pm on 31 December 2020 until 28 February 2021 or until the relevant constitutional steps have been completed both by the EU and by the UK to allow it to enter into force permanently, whichever is the earlier.
The TCA does not address civil justice cooperation, save in the context of certain specialist proceedings (such as proceedings to enforce IP rights).
The Disputes team at CMS have prepared a note which summarises the implications of this for law and jurisdiction clauses and the enforceability of judgments generally. Download your copy here.