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Lloyd's Maritime and Commercial Law Quarterly

BREXIT, INTERNATIONAL JURISDICTION AND THE SPACE BETWEEN ADJUDICATION AND EXECUTION: A CORRIDOR OF UNCERTAINTY?

James Woolrich*

The future role in English private international law for t he European rules of jurisdiction and recognition/enforcement of judgments in civil and commercial matters is currently up for debate. This article assesses the operation of those European rules in the post-adjudication phase of commercial disputes. In particular, it examines how the Brussels I Regulation (Regulation (EU) 1215/2012) might affect: the grant by the English court of orders in aid of enforcement of its own judgments; and the recognition in other Member States of orders made by the English court in aid of enforcement of arbitral awards. Identifying these issues is a step towards improvement of English private international law.

I. INTRODUCTION

One of the current hot topics for discussion, among lawyers and Parliamentary Committees at least,1 is this: what will replace the European rules concerning jurisdiction and recognition and enforcement of judgments in civil and commercial matters (referred to herein as “the European Rules”) following the exit of the United Kingdom from the European Union and the consequent repeal of the European Communities Act 1972? It is an important question because, at present, those European Rules form an integral part of


BREXIT: A CORRIDOR OF UNCERTAINTY?

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