Disputes between businesses from different countries tend to involve additional complications that don’t arise when the parties are based in the same country. There are a number of points to consider before bringing an international claim. Which country’s court should you sue in? Which country’s law applies to the dispute? How do you obtain evidence from overseas? Where and how can you enforce your judgment?
For disputes with EU based businesses, we currently have a set of regulations which give reasonably clear answers to each of these questions. Whilst the rules are lengthy and complex, they do provide certainty for most commercial disputes.
With the transition period under the Withdrawal Agreement ending on 31 December 2020, these European regulations will cease to apply in the UK. Any UK business continuing to trade with businesses in the EU or thinking of embarking on new business there should be taking steps now to understand how they will be impacted and how they can prepare for the changes. Download Resolving Disputes with EU businesses Post Brexit Guide (PDF)