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Choice of law and jurisdiction in banking and finance contracts after Brexit: a perspective from Europe

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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,… Click to show full 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?

Keywords: choice law; banking finance; law; finance; jurisdiction

Journal Title: Law and Financial Markets Review
Year Published: 2020

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