William Cecil in Legal Business: 'Hot topics: Snapshots of the Most Talked About Issues Concerning the London Dispute Resolution Market Today'

Haynes and Boone, LLP Partner William Cecil talked with Legal Business about the practical implications of post-Brexit disputes and why London will remain the leading hub for arbitration.

Below is an excerpt:

It has been a topic looming over the disputes market since the seminal Brexit vote in 2016 – to what extent will the UK’s withdrawal from the European Union affect its desirability as a disputes forum? For a few years this has been largely a predictive exercise, but since officially leaving the bloc, there are real-world experiences to assess.

A potentially significant issue in this regard stems from the UK’s absence from both the Lugano Convention and the Brussels (Recast) Regulation, both of which ensure that parties’ contractual choice of jurisdiction is enforced and that judgments are recognisable and enforceable across the EU.

Head of Haynes and Boone’s London dispute resolution team, William Cecil, notes that arbitration awards are enforced internationally under the New York Convention (which has over 150 signatory countries), which is not impacted by the UK’s EU membership.

He asserts that London is and will remain “the leading seat for arbitration,” but he recognises the danger in clients not receiving this message: ”Brexit is not a cause for uncertainty or complication but if it results in international companies deciding to agree in their contracts to arbitrate in another jurisdiction just in case, then that will affect the flow of international arbitrations into London.”

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