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Seven ways to future-proof your IT contracts post-Brexit

By Sue McLean, Morrison & Foerster | July 12, 2016
Some key considerations for renegotiating your IT outsourcing contracts in these uncertain times.

Accordingly, where your contract will involve the transfer of data from the EU to the UK it would be prudent to build into the contract a mechanism to introduce such alternative arrangements if and when required.

6. Dispute resolution

EU law defines how jurisdiction and enforcement is handled across the EU. It's not yet clear how jurisdiction and enforcement would be treated if the UK was not subject to EU law. Therefore, although English law and jurisdiction remains a good choice of law and forum for settling disputes, arbitration may be a better choice.

The EU rules on jurisdiction and enforcement do not apply to arbitration and Brexit is unlikely to have any adverse impact on arbitration. This could make arbitration an attractive option for contracting parties seeking to obtain certainty; at least until the post-Brexit position becomes clearer.

7. References to the EU and EEA

Lastly, don't forget to look out for any references to the EU or the EEA in your contract, for example, in an exclusivity clause, territorial restriction or reference to applicable law. The safest approach would be to add a reference to the UK to ensure that the UK is covered, whichever Brexit option is ultimately adopted.


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