On Tuesday 23 July 2019, Anna Pertoldi and Jan O'Neill delivered the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes.

This webinar focused mainly on the Hague Convention on Choice of Court Agreements 2005 which applies where there is an exclusive jurisdiction clause. The scope of the 2005 Convention is currently limited, but in the case of a no deal Brexit it will assume increased importance as a potential means of protecting English jurisdiction clauses and enforcing English judgments in the EU.

The webinar examined:

  • The Convention's scope – what it will and will not cover
  • Its relevance in a Brexit context, including the UK's accession plans and risks arising over timing
  • How the Convention works in practice – similar to the Brussels regime but with some important differences

The webinar also considered the new 2019 Hague Judgments Convention (finalised on 2 July 2019) which, when in force, will apply to a wider range of judgments.

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