Brexit and Arbitration Agreements

This chapter will examines the impact of Brexit on arbitration agreements by focusing on three main issues: (a) the construction and enforceability of arbitration agreements between businesses; (b) the enforceability of arbitration agreements between businesses and consumers; and (c) the impact of Brexit on arbitration agreements under bilateral investment treaties (BITs) between the United Kingdom and other EU Member States. While Brexit is not going to have anu immediate impact on the enforceability on arbitration agreements between businesses and consumers, as regards business-to-business agreements and BITs, Brexit has freed English law from the “anti-arbitration” jurisprudence of the Court of Justice. As a consequence, English courts are once again at liberty of developing arbitration law in light of the principle party autonomy and so as to protect and foster as a fair and effective way of resolving disputes.