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Tuesday, March 10, 2020

UK and The Hague Treaties after Brexit




Private International Law Bill introduced in Parliament The UK has regained full competence to strike international agreements on Private International Law since leaving the EU. • now we have left the EU, the UK can capitalise on regaining full competence to enter into international agreements in Private International Law • new Bill will allow those international agreements to be implemented in domestic law Private International Law (PIL) agreements provide a legal framework to help resolve cross border legal disputes – from seeking to help the return of children abducted by a parent, deciding which court resolves an international business dispute, to helping to prevent a spouse living abroad dodging child maintenance obligations. The Bill maintains our implementation of 3 key existing agreements, also known as Hague Conventions, while enabling the UK to implement other international agreements in PIL in domestic law in future via secondary legislation including the Lugano Convention 2007. • Private International Law agreements cover aspects of civil, family and commercial law, with real and lasting impacts on people’s lives. PIL agreements could mean, for example • child maintenance obligations imposed in one country can be recognized and enforced in another • UK citizens can have confidence that if they travel, buy goods or have an accident abroad there is a way to resolve any legal disputes that may arise. • businesses can feel confident entering into cross-border transactions, knowing that in the event of a dispute, there is a clear framework of rules for resolving it • divorces can be recognised in other countries • children abducted by one of their parents can be returned to their home country, and • businesses can feel confident entering into cross-border transactions, knowing that in the event of a dispute, there is a clear framework of rules for resolving it. • Beyond underpinning future deals, the Bill simplifies the implementation of three existing Hague Conventions at the end of the Transition Period: • 1996 Hague Convention on Jurisdiction, Applicable Law
Read more https://www.gov.uk/government/news/private-international-law-bill-introduced-in-parliament

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