Arbitration of EU & UK disputes under the EU-UK Trade and Cooperation Agreement: A Whistle-Stop Tour

Mayer Brown

The EU-UK Trade and Cooperation Agreement (widely referred to as the “TCA”), implemented in the UK via the European Union (Future Relationship) Act 2020, entered into force on 1 January 2021. It will apply between the UK and the EU on a provisional basis until the European Parliament provides its consent.  

The TCA was agreed on Christmas Eve 2020 and governs the UK’s and the EU’s intended new partnership. State-to-State arbitration is the primary forum of dispute resolution in the TCA, a welcome development in light of its intended objective to establish an “effective and efficient” dispute avoidance and settlement mechanism.  

The dispute settlement process was a sensitive part of the TCA negotiation and given that the Court of Justice of the EU (“CJEU”) has ended up with no role in this process (a point the UK was insistent on), it represents a significant concession on the part of the EU.  

Adopting a Q&A style, this update will take you on a whistle-stop tour of the important dispute settlement provisions at part six of the TCA.

You can read the full legal update here >>