If you want to take a technology dispute to court, you’re unlikely to get a trial date in the Technology and Construction Court in London for over a year if you are going to need a week or more of the court’s time. With Brexit and Covid causing ongoing commercial and financial uncertainty, is there another quicker option to resolve disputes that parties can consider? The short answer is yes.
Introduced in October 2019, the Society for Computers & Law Adjudication Scheme might be just what parties need. Taking its lead from the adjudication provisions used in construction disputes, the Scheme is designed to provide a fast provisionally binding decision in three months. It can be used for all “Technology disputes” which are defined as “any dispute arising from a contract for the provision of tech-related goods and services including software development contracts, outsourcing arrangements, system integration contracts, IT consultancy contracts, software licensing agreements, blockchain/smart contracts and cloud computing contracts”. There is no restriction on the size or scope of the dispute that can be referred other than that it must be capable of being resolved within three months.
Read moreAt 11:00 pm on 31 December 2020, the Brexit transition period ended, and the UK’s departure from the European Union (the “EU”) was complete. Whilst the UK and the EU concluded the Trade and Cooperation Agreement (“TCA”) on 24 December 2020, which would provisionally govern the future relationship from 1 January 2021 onwards, the UK and the EU did not – unsurprisingly perhaps – agree on any future regime governing cross-border judicial cooperation and enforcement of judgments in relation to civil and commercial matters. Whilst there remains considerable uncertainty regarding the legal regime governing UK-EU court proceedings, international arbitration as a tool for resolving cross-border disputes remains unaffected. Brexit may have, in fact, made English Law and London as a seat of arbitration more attractive. This article briefly discusses why London continues to be an attractive seat for international arbitration amongst users globally.
Read moreDespite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. In this post we look at some key practical points for parties to consider, taking into account both what we do know and what remains unclear.
Read moreThe Brexit transition period expired on 31 December 2020. From 1 January 2021 new rules apply when dealing with UK entities regarding which courts have jurisdiction to deal with disputes; how any UK court judgment can be enforced in Ireland and how to serve UK entities with Irish legal proceedings. This article considers each of these matters in turn. It is worth noting that neither arbitration nor mediation are affected by Brexit and those processes will remain as they currently are, including the ability to enforce Arbitration Awards under the New York Convention on the Recognition and Enforcement of Arbitration Awards, to which the UK and Ireland are both parties.
Read moreRelatively easy cross border enforcement of court judgments has been a quiet success of the EU. Now that we have the UK-EU Trade and Co-Operation Agreement we are able to report on how governing law, jurisdiction and enforcement of court judgments works post-Brexit between the UK and EU.
Read moreThe Brexit transition period ended on 31 December 2020. The UK-EU Trade and Cooperation Agreement1 (currently applying on a provisional basis until ratification by the European Parliament) addresses many aspects of the future UK-EU relationship (including judicial cooperation in relation to criminal matters) but does not cover civil dispute resolution issues.
Read moreBritain and the EU will seek international help if they clash over trade in the future to avoid using the European Court of Justice, it was confirmed today.
Boris Johnson said that 'independent third party arbitration' would be used if either side felt it was being 'unfairly undercut' by the other.
The Prime Minister was following through on a commitment of the whole Brexitcampaign to remove Britain from the EU's legal sphere of influence.
Read moreAt the time of writing this article the final outcome of the Brexit negotiations hangs in the balance. Amidst the myriad of possible issues to consider, one area that tech companies may have overlooked is taking steps to improve their ability to recover outstanding debts post Brexit. Whether you are selling software, hardware or services into Europe there are several clauses in your standard terms and conditions you should review that may make life easier if you become embroiled in a dispute.
Read moreEuropean Commission President Ursula von der Leyen said Sunday that Brexit trade talks with the U.K. will be extended beyond Sunday’s deadline, adding that “we think it is responsible at this point to go the extra mile.”
Von der Leyen spoke with British Prime Minister Boris Johnson via telephone on Sunday before releasing a joint statement. Both have now mandated their negotiating teams to continue their work.
Read moreWhether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I
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