How Will Brexit Pose Legal English Challenges for Law Professionals in Vienna? 

 In Legal English

How Will Brexit Pose Legal English Challenges for Law Professionals in Vienna?

Legal professionals in Vienna might be expecting a few challenges in the coming years. With the post-Brexit transition period over, EU members will need to interact with English courts slightly differently.

Other than potential challenges with litigation and arbitration, law professionals in Vienna may also be faced with new legal English terms. Some legal expressions in the judicial system of England and Wales are not part of the EU law.

Despite Jean-Claude Juncker claiming that the English language “is losing importance in Europe”, understanding legal English is more important than ever for law professionals in Vienna.

Jurisdiction will play a major role in determining the extent of legal English you may need. With greater scope for issues to be handled by UK courts, cross-border disputes will be determined by the applied ‘law of the land’.

 

Legal English Exceptions

Not every case will fall under the jurisdiction of legal English even if litigation is heard in a UK court. The Brussels Regulations and The Hague Convention make disputes relatively straightforward.

Where The Hague Convention does not apply, issues of jurisdiction and enforceability will be determined by the domestic law where enforcement is sought.

The UK is also seeking to rejoin the Lugano Convention but, at the time of writing, decision-makers in Brussels have not given their consent. This will offer protection to contracts that were valid pre-Brexit.

Arbitration could offer an easier solution. Brexit has no impact on arbitrary proceedings. This could also make international commercial contracts more attractive to litigation lawyers in Austria and other EU member states in the post-Brexit landscape.

 

Post-Brexit Arbitration for EU Members

Arbitration is not regulated by either UK or EU law. Signatories fall into the provisions of the New York Convention.

As a result, arbitral awards will continue to be enforceable in the same ways regardless of whether the case is seated in England or Europe.

Subsequently, arbitration provides litigants with neutral ground and awards are final and binding. Decisions may still be challenged but the grounds are usually limited.

In addition, arbitrators can appoint a technical expert which may be useful to overcome potential language barriers. For example, qualified engineers, architects, doctors etc. will be familiar with English legal terms.

 

EU Litigation in London Post-Brexit

EU litigators with access to English courts in cross-border disputes will still be bound by choice of law in accordance with the Rome I and Rome II Regulations.

However, the new agreement does not stipulate how UK courts will co-operate with EU litigators on jurisdiction and enforcement questions.

Experts say “there is no reason why the UK should not adopt the same approach”  as the Rome I and Rome II Regulations, but judges in the UK are already making decisions that take a different direction in London than they do in EU courts.

If you’re a legal professional in Vienna, our experienced and qualified English teachers can help you get to grips with legal English terms. We have over 10 years of experience working with legal professionals in Vienna and can customise legal English lessons to suit your precise needs.

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