English Law in Global Commerce: Jurisdiction, Enforcement & Contract Drafting

Introduction

English law and the English courts remain among the most frequently chosen for international commercial contracts. The framework surrounding that choice, however, has changed substantially in a short period.

Brexit removed the Brussels Recast and Lugano regimes. The Hague Choice of Court Convention 2005 filled part of the gap and the Hague Judgments Convention 2019 came into force for the UK on 1 July 2025, restoring a reciprocal enforcement route with the EU and a growing group of other states. Separately, the Arbitration Act 2025 came into force on 1 August 2025, introducing a new default rule on the law governing an arbitration agreement and departing from the position established in Enka v Chubb.

This webinar brings the position up to date and translates it into drafting practice. It examines how governing law, jurisdiction and dispute resolution clauses perform when they are tested, where enforcement is now comparatively straightforward and where it is not and what should change in standard clauses as a result.

This session is designed for those with a working knowledge of cross-border contracts who want a current and practical picture rather than a survey of theory.

What You Will Learn

This webinar will cover the following:

• Why English law is chosen: predictability, party autonomy, freedom of contract and a deep body of authority
• Governing law: assimilated Rome I and Rome II, express and implied choice, overriding mandatory provisions and public policy limits and excluding the CISG
• Jurisdiction clauses in practice: exclusive, non-exclusive, asymmetric and hybrid clauses - what each is for and the risks each carries
• The post-Brexit enforcement map: Hague 2005, Hague 2019, the common law route and where each applies
• Arbitration as the alternative: the Arbitration Act 2025, the new default that the law of the seat governs the arbitration agreement and enforcement under the New York Convention
• Protecting the bargain: anti-suit injunctions, interim and emergency relief and the lessons of UniCredit v RusChemAlliance
• A practical checklist of clause wording, recurring drafting errors and the questions to ask before signature