Tuesday, 29 January 2019 10:32

Despite Brexit, England and Wales is a global legal centre that can provide certainty

Simon Davis webThe judges of England and Wales are of the highest calibre, and are experienced in dealing with commercial disputes that have an international dimension, says Simon Davis
The Law Society of England and Wales, alongside the Bar, the judiciary and the legal profession generally, has been running a campaign for the past two years highlighting the benefits of England and Wales as a global legal centre. For some years, the competition to be the forum of choice for the resolution of legal disputes has been fierce. The reason why is often misunderstood. It is because when business can be confident that its business differences will be resolved in a jurisdiction in a way that is familiar, non-partisan, expert and commercially focused, they will bring their business to that jurisdiction beyond the resolution of disputes and have confidence in that jurisdiction when its representatives sit on the other side of the negotiating table
And the present uncertainties caused by Brexit has given the competition a stick to beat us with. Indeed, the words ‘it’s all terribly uncertain’ tend to be the conclusion of far too many question and answer sessions involving the ‘B’ word.

However, there are some absolute certainties that will continue and are at the heart of this campaign. The reason why clients choose English and Welsh law have not changed. English will remain the international language for business. The common law is one thoroughly familiar to the English speaking nations around the world from the US to Australia, Canada to Hong Kong, India to Singapore. Even where the parties come from civil law jurisdictions, so many of them are familiar with the benefits of our system of law, which evolves alongside complex developments in the world of business and finance and uses a strong bench of precedent.
And, fundamentally, whatever the outcome of Brexit, it leaves unaffected the application of the Rome I and II Regulations, meaning that Brexit has no impact on a party’s choice of law. The choice of the laws of England and Wales will continue to be respected.
The judges of England and Wales will still be of the highest calibre, experienced in dealing with commercial disputes that have an international dimension. At any one time, 80 per cent of the cases in the Rolls Buildings have one or both parties coming from overseas and are specialist where specialism is required - the financial list being a fine example of how our judges adapt to ensure that disputes arising from the world of finance are resolved by those who know exactly what they are talking about and deciding upon. Our world-class solicitors and barristers will still be here working as part of an open global community to resolve the modern day disputes, so many of which have a cross border element.
And for anything else, London is a highly-respected home for arbitration with world class arbitrators, legal advisers and arbitration organisations whose arbitration awards are enforced effectively around the world. All these certainties remain. So what’s left? There are those that say that if English and Welsh law is chosen (and therefore naturally England and Wales would be the choice of jurisdiction) there may be courts across Europe who will not recognise that jurisdiction choice or not enforce our court judgments. So, better to choose another jurisdiction and therefore another law.
Even before the Brussels Convention, England and Wales showed itself to be an open jurisdiction recognising the choice of laws of others and enforcing the judgement of others. I hear no suggestion that such openness should change, and in circumstances where their own citizens and companies are so often involved in cross border disputes, where even a small online business is exposed to the rules and regulations outside its own countries’ borders and where those citizens and businesses more than ever before will need certainty, I see no reason why our friends in Europe should seek to erect barriers in the way of those citizens and companies’ choices of law and jurisdiction. Freedom of client choice and the legal enforcement of that choice lies at the heart of the rule of law, contrasted with the law of the jungle. I am optimistic that arrangements will be reached which allow UK and European citizens and corporates to continue to choose the law and jurisdictions that suit them best. I am also optimistic that the benefits of England and Wales as a global legal centre will continue to attract business to our shores, but we owe our clients and our system a responsibility to ensure that those certain benefits are neither taken for granted nor overlooked by clients or government.

IBL81 p24 box

Iberian Lawyer
N.108 • October 2021

IL98 cover SP IL94 cover EN

The Latin American Lawyer
N.21 • September 2021

IL98 cover SP IL94 cover EN

IpTmtAwardsSpain 2021 300x100 finalists 1

UIAMadrid 300x100

IL LatamAwards STD 300x100 1

IL LatamAwards STD 300x100 1

UIAMadrid 300x100

IpTmtAwardsSpain 2021 300x100 finalists 1

IL LatamAwards STD 300x100 1

IPTMTAwardsPT 2021 300x250 Vincitori

IL LatamAwards STD 300x100 1

This website uses cookies

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we'll assume that you are happy to receive all cookies on the IberianLawyer website. However, you can change your cookie settings at any time. Learn more

I agree

What do I need to know about cookies?

A cookie is a small text file that’s stored on your computer or mobile device when you visit a website. We use them to:

  • Remember your preferences
  • Tailor our sites to your interests.

There are different types of cookies

First party cookies

These are set by the website you’re visiting. And only that website can read them.  In addition, a website might use a separate company to analyse how people are using their site. And this separate company will set their own cookie to do this.

Third party cookies

These are set by someone other than the owner of the website you’re visiting. 

Some IberianLawyer web pages may also contain content from other sites like Vimeo or Flickr, which may set their own cookies. Also, if you Share a link to a IberianLawyer page, the service you share it on (e.g. Facebook) may set a cookie on your browser.

The IberianLawyer has no control over third party cookies.

Advertising cookies

Some websites use advertising networks to show you specially targeted adverts when you visit. These networks may also be able to track your browsing across different sites.

IberianLawyer site do use advertising cookies but they won’t track your browsing outside the IberianLawyer.

Session cookies

These are stored while you’re browsing. They get deleted from your device when you close your browser e.g. Internet Explorer or Safari.

Persistent cookies

These are saved on your computer. So they don’t get deleted when you close your browser.

We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.

Other tracking technologies

Some sites use things like web beacons, clear GIFs, page tags and web bugs to understand how people are using them and target advertising at people.

They usually take the form of a small, transparent image, which is embedded in a web page or email. They work with cookies and capture data like your IP address, when you viewed the page or email, what device you were using and where you were.

How does the Iberian Lawyer use cookies?

We use different types of cookies for different things, such as:

  • Analysing how you use the IberianLawyer
  • Giving you a better, more personalised experience
  • Recognising when you’ve signed in

Strictly Necessary cookies

These cookies let you use all the different parts of Iberian Lawyer. Without them services that you have asked for cannot be provided.

Some examples of how we use these cookies are:

  • Signing into the IberianLawyer
  • Remembering previous actions such as text entered into a registration form when navigating back to a page in the same session
  • Remembering security settings which restrict access to certain content.

Performance cookies

These help us understand how people are using the IberianLawyer online, so we can make it better. And they let us try out different ideas.
We sometimes get other companies to analyse how people are using the IberianLawyer online. These companies may set their own performance cookies You can opt out of these cookies here.Some examples of how we use these cookies are:

  • To collect information about which web pages visitors go to most often so we can improve the online experience
  • Error management to make sure that the website is working properly
  • Testing designs to help improve the look and feel of the website.
Cookie nameWhat it's for
Google DoubleClick The IberianLawyer uses Google DoubleClick to measure the effectiveness of its online marketing campaigns.Opt-out of DoubleClick cookies
Google Analytics From time to time some IberianLawyer online services, including mobile apps, use Google Analytics. This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate use of those services and compile a report for us.Opt-out of Google Analytics cookies