Choice of law and jurisdiction in banking and finance contracts after Brexit: a perspective from Europe. Issue 2 (2nd April 2020)

• Record Type: Journal Article
• Authors: Espar, Oriol; Castell, Jesús
• Is Part Of: Law and financial markets review. Volume 14:Issue 2(2020)
• Page Start: 121
• Page End: 127
• Publication Date: 2020-04-02
• Subjects: Finance -- Law and legislation -- Periodicals; Finance -- Periodicals; 346.0905
• DOI: 10.1080/17521440.2020.1759233
• Languages: English
• ISSNs: 1752-1440

Abstract

Abstract : English law is the preferred law for banking and finance transactions whether they take place in the United Kingdom or not. When opting for English law to govern a contract, the choice of the jurisdiction of the English courts usually follows suit. The European Union's favourable regimes of several recognition and enforcement of Judgments, especially the Brussels I Recast regulation, have made it even more attractive for member state's banks. But given that this regime changes after Brexit, will this privileged position of the UK be jeopardised?