Hard Brexit for Judicial Cooperation: No Revival of Brussels, Rome Conventions

Given the activities of the Advisory Commission, with two recommendations and a press release on a default with a couple of weeks, the blog has been rather art law-heavy recently. So for a change, let’s revisit another recurring theme: Brexit! Over at legal twitter, Professor Steve Peers published a “thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.” One of these documents Professor Peers shared is a letter of the UK Mission to the European Union dated 29 January 2021. It reads, in its relevant part, as follows: Continue reading

The Future of International Judicial Assistance

This post first appeared on Ted Folkman’s Letters Blogatory, which is celebrating its 10th anniversary – if you don’t know that blog yet, do check it out, it  is rightly called The Blog of International Judicial Assistance. Ted, who has been a guest on this blog, asked me to contribute some thoughts about the future of international judicial assistance (IJA). Ted’s invitation came at a time when I experience, for the first time, a step backwards in that field: The Brexit Deal between the European Union and the United Kingdom, which in my view is a “sectoral hard Brexit” for civil judicial assistance. Continue reading

Brexit: Council Decision on Members of the EU-UK Arbitration Panel

While the Brexit Deal continues to make headlines, the EU and the UK carry on with the implementation of the institutional Brexit arrangements. The Withdrawal Agreement provides for an EU-UK Arbitration panel to decide disputes between the parties. Yesterday, the Council Decision appointing the members of the panel was published. The title of the document is quite a mouthful, but then it tells you all there is to know about the document, the remainder really is just a list of names: Continue reading

Judicial Cooperation in Civil Matters: Hard Brexit After All?

During the course of the morning, leaked versions of the draft Brexit treaty and accompanying documents started to appear on legal @twitter, only to be followed by the official publications by both the UK government and the EU Commission. I have now had an initial look at what the documents say regarding judicial cooperation in civil matters. Spoiler alert: Radio silence on this topic. Continue reading