Brexit International Arbitration Clause Is Misunderstood

Law360 (February 12, 2019, 2:39 PM EST) -- International arbitration has often been unfairly criticized for its perceived lack of transparency. Much of this criticism is unfair and appears to be based on a lack of understanding about the process. This article considers the recent criticism of international arbitration made in the context of the Brexit withdrawal agreement.[1]

The Arbitration Clause in the Withdrawal Agreement

The recent draft withdrawal agreement intends to establish the terms of the U.K.’s withdrawal from the EU. Though not yet ratified, and at the time of writing still the subject of further negotiation, it is noteworthy for arbitration practitioners. This is because it features...

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