Consequences of Brexit for European Private International Law

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 395-407 | European Forum Insight of 27 February 2019 | (Table of Contents) I. Introduction. - II. International jurisdiction of courts and recognition and enforcement of judgments. - II.1. The Brussels regime. - II.2. The Lugano regime. - II.3. The Hague Convention on choice of court agreements. - II.4. Lack of opportunity for an autonomous regime. - II.5. Interim results. - III. Conflict of laws. - III.1. The regime for international contracts. - III.2. The regime for international non-contractual relations. - III.3. The transitional regime and a long-term autonomous option. - III.4. Interim results. - IV. Conclusion. | (Abstract) International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK's accession to the 2007 Lugano Convention (and perhaps rejoining EFTA). The Hague Conventions are expected to be maintained where applicable in international legal proceedings. As for conflict of laws, the Rome regime will partly change, so that there will be the risk of legal uncertainty particularly for contractual relations.

Keywords

• brexit
• private international law
• brussels regulations
• 1968 brussels convention
• 2007 lugano convention
• rome regulations