The last few days has seen a few publications on the subject of Brexit. The UK’s Department of Exiting the EU has published several position papers over the past few days. These include this paper on enforcement and dispute resolution which proposes how the UK and EU can work in partnership on cross border issues. This page on the HFW web site discusses the issue in more detail. the other position papers are listed here. Within the documents are proposals that address the issue of contracts entered into before Brexit.

Last week, ISDA issued this paper on Brexit, which also addresses the issue of legal certainty, which is especially relevant given that many derivatives contracts are struck under English law. The paper also addresses the issue of CCP location, and the proposals from ESMA earlier this year (see here).