Speech by Lord Justice Hamblen: Myths of Brexit

|Speeches|Lord Justice Hamblen

This was a Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and Judicial Co-operation in civil and commercial matters”

We have been asked to comment on the legal implications of Brexit on the development of the common law and legal and dispute resolution. In my talk I propose to address: “Myths of Brexit”.

Whether by accident or design, myths have been propagated about the likely legal impact of Brexit on English law and on the UK’s role in international dispute resolution. In particular, it has been suggested that a cloud of uncertainty has somehow descended which should affect international parties’ choice on these important matters.

I contend that this is a myth and I shall seek to demonstrate this by testing the myth against the essential reasons for choosing English law, English jurisdiction and English arbitration. Those reasons will remain valid regardless of Brexit.

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