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

Speakers

• Richard Garcia, Partner, Head of Corporate & Commercial Disputes – Stephenson Harwood LLP
• Rosalind Phelps KC – Fountain Court Chambers
• Wee-An Tan – Fountain Court Chambers
• Chris Pettett, Managing Associate – Stephenson Harwood LLP
• Donna Newman, Partner – Stephenson Harwood LLP

• Spaces: 150
• Venue: Stephenson Harwood LLP, 1 Finsbury Circus, City of London, EC2M 7SH

What this session will cover

Comparison of dispute resolution mechanisms and consequences of choice of jurisdiction clauses in commercial contracts post 1 July 2025 when the Hague Convention 2019 comes into force in the UK. The session will focus in particular on financial services disputes.

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.