UK Seeks Dispute Resolution Options Outside The CJEU
By Cyrus Benson and Ceyda Knoebel (September 26, 2017, 11:40 AM EDT) -- One of the thorniest topics in the Brexit negotiations is the resolution of potential disputes arising under the withdrawal agreement and enforcement of rights and obligations by individuals following the U.K.'s exit from the European Union. Since the vote to leave the EU in 2016, "taking control of [its own] affairs" and ending the jurisdiction of the Court of Justice of the European Union (CJEU) has been the redline position of the U.K. government. The EU, on the other hand, has been pressing hard to maintain the role of the CJEU as the guarantor of EU citizens' rights and insisting that the withdrawal agreement and any related disputes be subject to the law and judicial system of the EU. In an effort to resolve this impasse, the UK government has advanced ideas for alternative dispute resolution, including a new arbitration body. To date, none of this has gained any traction, leaving open the question of where this important issue will ultimately land....
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