Dispute Resolution Clauses: The impact of the Hague Convention 2019 on the choice of Litigation vs Arbitration

Since BREXIT, choice of jurisdiction and arbitration clauses in commercial contracts have been somewhat of a moving target as parties seek to adjust to a more uncertain landscape. This session will explore the different dispute resolution mechanisms available and the consequences of particular choices of jurisdiction / arbitration clause in commercial contracts post 1 July 2025 when the Hague Convention 2019 comes into force in the UK. The session will include consideration of financial services disputes in which non-exclusive jurisdiction clauses (including asymmetric clauses), have historically been popular and where arbitration has recently become more widely accepted.