Our firm is advised by Draycott Fisher plc, a company incorporated and headquartered in England, which has contracts with counterparties in several Member States of the European Union. Up to now, its contracts have contained clauses providing that English law is the governing law and the English courts have jurisdiction over any dispute. The Board of Directors are concerned, however, about the impact of Brexit on this, although it should be noted that none of the counterparties to any of the contracts have raised this as an issue. You are therefore asked to prepare a Memorandum of Advice, advising on the following matters, in each case where the contract involves a party located in the European Union:
a) whether a court in an EU Member State would be likely to regard a choice of English law as the governing law as valid;
b) whether a court in an EU Member State would be likely to to consider itself to be bound by a clause giving jurisdiction to the English courts;
c) where an English court had tried the matter on the basis of a jurisdiction clause, whether a court in an EU Member State would be likely to enforce the judgment.
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