What impact does Brexit have on international treaties?
November 11, 2022 | 50,00 EUR | answered by Tobias Helbig
Dear International Law Attorney,
My name is Wilhelm Schenkenberg and I work as the managing director of a medium-sized company that closely collaborates with British partners. With the impending Brexit, we are facing great uncertainties and I am concerned about the impact on our international contracts.
Background information: Our company has entered into long-standing contracts with British suppliers and customers based on EU law. With the UK's exit from the EU, I fear that these contracts may lose their validity or their legal basis may change. This could lead to legal conflicts and financial losses.
The current situation is characterized by uncertainty and lack of clarity regarding the legal framework post-Brexit. We are unsure about how to adapt our contracts to remain legally protected and maintain our business relationships.
My concerns mainly revolve around how Brexit will affect our existing contracts and what legal steps we need to take to minimize potential risks. I wonder if there are ways to adjust the contracts or make new agreements to mitigate the consequences of Brexit.
Therefore, my specific question to you is: What specific effects will Brexit have on our international contracts and what measures can we take to maintain our legal security? I would greatly appreciate your expert assessment and possible solutions.
Yours sincerely,
Wilhelm Schenkenberg
Dear Mr. Schenkenberg,
Thank you for your inquiry regarding the impact of Brexit on your international contracts. As the managing director of a medium-sized company that closely collaborates with British partners, it is understandable that you are concerned about the potential legal consequences of Brexit.
The withdrawal of the UK from the EU will undoubtedly have implications on existing contracts based on EU law. It is important to note that with Brexit, EU law will no longer automatically apply to the UK. This may result in existing contracts losing their legal basis or needing to be adjusted to comply with the new legal framework.
To mitigate the effects of Brexit on your international contracts and ensure your legal security, there are various measures you can take. Firstly, it is advisable to conduct a thorough analysis of your existing contracts to identify which clauses and provisions may be affected by the changes.
It may be necessary to amend existing contracts or enter into new agreements that align with the new legal realities post-Brexit. This could involve adding Brexit clauses to the contracts to ensure that potential legal conflicts related to Brexit are addressed.
Furthermore, in close consultation with your legal advisors, you should consider incorporating alternative dispute resolution mechanisms such as arbitration or mediation into your contracts to ensure a quick and efficient resolution in case of disputes.
It is advisable to engage with your British partners early on and work together to find solutions to minimize the impact of Brexit on your business relationships. By taking a proactive approach and collaborating with experienced international law attorneys, you can ensure that your interests and contracts are protected even after Brexit.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Tobias Helbig
International Law Attorney
