What does the ratification of the Withdrawal Agreement mean for dispute resolution clauses?

United KingdomScotland

On 29 January 2020, the European Council voted to ratify the Withdrawal Agreement which will govern the UK’s departure from the European Union. At 11pm on 31 January 2020, the UK will formally cease to be a member of the EU and will enter a transition period which is intended to allow the UK and the continuing members of the EU to negotiate a new trading agreement. During this period, which will end on 31 December 2020 unless extended, most EU laws will continue to apply in the United Kingdom. However, many contracts that are entered into during the transition will continue to be implemented after it ends, so parties need to think ahead. The CMS Disputes team has prepared a note setting out some tips for those negotiating dispute resolution provisions during this period. Download your copy here.