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Plymouth Law Review

Hugo Persad

Document Type

Graduate Article

Abstract

This article will aim to assess whether Britain’s exit from the European Union will impact arbitration. This is a very topical issue as no one can accurately predict what direction this will take as there are many avenues that need to be explored. As Lord Goldsmith QC suggests: "The success of London arbitration depends in no way upon the UK’s membership of the EU;"2 although, as the New Law Journal argues: ‘London will gain a distinctly competitive edge as a seat for arbitration in comparison to other European cities’3 in relation to the resurrection of anti-suit injunctions. Examination of the many different issues at hand will provide clarity on where business and practitioners stand on their approach to arbitration within the UK and what they may expect to happen in the future depending on a no deal Brexit or otherwise. This article will focus on balancing the arguments whilst also exploring re-introducing the injunctions known as anti-suit injunctions and how they may potentially give the UK a competitive advantage; as well as views on these injunctions and what impact they may have.

Publication Date

2020-01-01

Publication Title

The Plymouth Law Review

Volume

13

Issue

1

First Page

129

Last Page

154

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