Brexit, Lugano and arbitration: A CIArb/Law Society panel discussion

CIArb and the Law Society of England and Wales recently hosted a joint panel discussion assessing the implications for arbitration of Brexit, the UK-EU Trade and Cooperation Agreement, and the UK’s departure from the Lugano Convention.

Brexit and the departure of the UK from the Lugano Convention clearly have consequences for the ways in which cross-border disputes with Europe are dealt with. Choice of jurisdiction, and mutual enforcement of judgements may both be affected in the courts, whilst arbitration – under which enforcement is governed by the New York Convention and so is unaffected by Brexit – may be seen as a viable alternative option. In addition, the full implications for the mobility of arbitrators and practitioners is yet to be fully tested, given the context of the pandemic. Now, nearly 6 months on from the agreement of the UK-EU Trade and Cooperation Agreement (TCA), our expert panelists assessed these issues in detail, and explain if they think there will be any longer-term effects on the UK’s attractiveness as an arbitral seat. The panel comprised of Philippa Charles FCIArb, Stuart Dutson MCIArb, Lewis Johnston MCIArb, Eric White, and Jonathan Wood FCIArb.

We were delighted to see many attendees join online from all around the world. The recording of the online event is available here: