The EU Commission has released an updated notice concerning the impact of the end of the Brexit transition period on private international law. The notice is available here.
We summarised the position under the Withdrawal Agreement in a previous blog post. In summary:
- The EU rules on international jurisdiction will continue to apply to proceedings “instituted” in the UK before the end of the transition period.
- The EU rules on international jurisdiction will continue to apply to proceedings which, although not instituted in the UK before the end of the transition period, “are related to such proceedings” for lis pendens purposes.
- For proceedings instituted in EU Member States after the end of the transition period, the courts in the EU Member States will determine their international jurisdiction pursuant to any relevant EU law instruments, international conventions, or national laws.
- There is no mention of the possible applicability of the Lugano Convention. Although it is the UK government’s stated intention to accede to the Convention, we posted about potential problems with this strategy here.
- Rome I will continue to apply to the UK in respect of contracts concluded before the end of the transition period.
- Rome II will continue to apply to the UK in respect of events giving rise to damage which occur before the end of the transition period.
- Rome I and Rome II will continue to apply in EU Member States after the transition period as before.
- Brussels I (Recast) is to apply to the recognition and enforcement of judgments given in legal proceedings instituted before the end of the transition period and to authentic instruments formally drawn up or registered and court settlements approved or concluded before the end of the transition period.
- EU rules on enforcement will not apply to judicial decisions where the original proceedings have been instituted after the end of the transition period.
- The UK has expressed its intention to accede in its own right to the 2005 Hague Convention on Choice of Court Agreements after the end of the transition period. The Convention will apply between the EU and the UK to exclusive choice of court agreements concluded after the Convention enters into force in the UK as party in its own right to the Convention.