In a recent feature for The Law Gazette, Partner James Rogers discusses how post-Brexit legal realities have redefined cross-border dispute strategy, particularly in the arena of enforcement and arbitration.
“We are seeing a lot of cases in the UK courts concerning the enforcement of intra-EU awards in cases brought by EU investors against EU member states,” explained James. “If the UK was still in the EU, the English courts would also have to follow the EU case law derived from Achmea etc. and would have to refuse to enforce those awards. “
He continued, “The withdrawal from the EU has therefore opened up this seam of work for English lawyers and the English courts. Combined with an uptick in Russia-related cases following the invasion of Ukraine, there is a lot of high-profile arbitration-related activity in the English courts.”
An international arbitration lawyer with a uniquely international practice, James serves clients' needs across multiple jurisdictions and tailors to the relevant project, dispute and/or seat of arbitration. His experience extends across a broad range of industry sectors and includes corporate and commercial, technology, M&A, licensing and joint venture disputes. He has particular experience in the energy, mining, infrastructure, technology and construction sectors and significant recent experience in arbitration matters involving states and state-controlled entities.
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