Baatsaikhan, Uuriintuya and Schoenmaker, Dirk
(2017)
Can EU actors keep using common law after Brexit?
LSE Brexit
(14 Jul 2017).
Website.
Abstract
English common law is the choice of law for financial contracts, even for parties in EU members with civil law systems. This creates a lucrative legal sector in the UK, but Brexit could make UK court decisions difficult to enforce in the EU, say Uuriintuya Baatsaikhan and Dirk Schoenmaker. Parties will be able to continue using English common law after Brexit, but how will these contracts be enforced? Some continental courts are preparing to make judicial decisions on common law cases in the English language.
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