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The Lugano Convention: a matter of genuine concern for the UK

The Lugano Convention: a matter of genuine concern for the UK. “As a consequence of leaving the EU, the UK lost its membership of the Lugano Convention, a relevant international treaty between the EU with other European states that form the European Free Trade Association, including Switzerland, Norway, and Iceland.

Consequently, in April 2020, the UK government applied to re-join the Convention as an independent state. Unfortunately, the European Commission has recently recommended that EU member states should deny the UK’s accession.

The pretext chosen is that as the UK decided not to remain a member of the EU, the Convention is only accessible to parties on a high level of mutual trust. This uncertainty about future cross-border legal disputes has aggravated the tense relationship between the two.

The reason is apparent to anyone: the only common law jurisdiction acceptable for international agreements, the UK enjoyed a very significant benefit from the EU regulation. Global companies could immediately enforce rulings from English courts all across the EU or chose London as the perfect legal venue for their disputes.

Now that this is gone with Brexit, the best alternative is the Lugano Convention”.

The Lugano Convention: a matter of genuine concern for the UK, written by Josep Gálvez, International litigation and ADR European lawyer, Spanish abogado and member of Del Canto Team, can be read in full here

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