Private international law and cooperation in civil and commercial matters after Brexit – legislative gaps and future developments

Chapter 10 addresses the consequences of the UK withdrawal from the EU on the private international law legislative framework in civil and commercial matters primarily from the point of view of the EU. Throughout UK membership, private international law instruments were unified at the EU level primarily in the form of EU regulations and English law was, more often than not, the dominant choice of law for commercial contracts. However, because the Trade and Cooperation Agreement does not address judicial cooperation in civil and commercial matters no part of the EU private law acquis applies to the UK. As Lazić and Okoli demonstrate this is likely to have a significant impact on choice of law for commercial contracts with English law arguably becoming less attractive due to possible challenges arising with dispute resolution and enforcement.