Will the powerful Brexit waves take London to Lugano ?

As we all know, some waves are powerful and take one far away, while others are more gentle, but of little effect.

It is possible that Brexit will produce different types of waives waves as to different matters.

If we consider the European Union treaties, a possible automatic effect could be that the United Kingdom walks out on all of them. On the one hand, this would mean full independence, but on the other, the loss of a useful common tool to deal with jurisdiction and enforcement of foreign judgements with Member States of the EU.

This includes for example the choice of substantive law (Rome Regulation (EC) no. 593/2008) and Regulation (EU) no. 1215/2012 on jurisdiction and the recognition of judgments in civil and commercial matters.

Perfection is not de hoc mundo. Therefore, these European treaties are very likely not perfect, but in spite of that, they might be useful tools in avoiding a lot of argument in each related dispute.

If leaving the European Union means even walking away from those tools, will this result be better or worse ?

An alternative to this might be that the United Kingdom joins, like Switzerland, Denmark, Iceland and Norway, the Lugano Convention 30 October 2007 on jurisdiction and recognition of judgments.

Why not ?

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This article has been published by Mauro Rubino-Sammartano on Lexology

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