Dispute Resolution in International Agreements: Jurisdiction Selection

Eva McHale, Associate, Penningtons Manches Cooper LLP, UK
John Doherty, Partner, Penningtons Manches Cooper LLP, UK
Marcio Fernandes, Assistant General Counsel Commercial and Regional General Counsel Americas, British American Tobacco PLC, UK

1. On 23 June 2016, the United Kingdom voted (51.9%:48.1%) to leave the European Union (the “EU”). The UK officially exited the EU on 31 January 2020, pursuant to the (domestically enacted) European Union (Withdrawal) Act 2018. However, EU law did not cease to have effect in the UK until 11pm on 31 December 2020, by virtue of the “transition period” as legislated for in the European Union (Withdrawal Agreement) Act 2020. The UK was generally treated as though it was an EU member state between exit day and the end of the transition period.

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United Kingdom Dispute Resolution General January 2022 Vol.15, No. 58, Winter 2022

Eva McHale

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Eva McHale is a qualified solicitor in England and Wales and is an Associate at Penningtons Manches Cooper LLP, specialising in commercial dispute resolution. Her practice includes contractual disputes, banking litigation and reputation management. She has a particular interest in sports law and disputes, and is currently acting in a prominent football arbitration.

John Doherty

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John Doherty is a qualified solicitor advocate (civil and criminal courts) in England and Wales and is a Partner at Penningtons Manches Cooper LLP, where he leads the firm’s contentious Regulatory practice. He is an Officer and immediate past Chair of the International Bar Association’s Product Law and Advertising Committee and a regular speaker at the IBA’s Annual Conference of circa 7,000 lawyers worldwide. Specialising in dispute resolution, he represents domestic and multi-national corporate clients from the most heavily regulated industry sectors including tobacco, pharmaceuticals, gambling, telecoms and construction materials. He is recognised as a leader in his field by The Legal 500, which has praised him as both ‘a fantastic lawyer who really understands the needs of clients’ and ‘a superb technical lawyer’

Marcio Fernandes

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Marcio Fernandes joined British American Tobacco (BAT Souza Cruz) in 1996 and soon after became Legal and External Director in Brazil. In 2004, he was transferred to the UK where he occupied different roles such as Assistant General Counsel, General Counsel and Regional Legal Counsel. Since the start of his career and during the past 25 years, Marcio’s contribution has been fundamental in protecting the business’ interests against different regulatory engagement and fiscal challenges. In 2011, he was appointed Regional LEX Director, Americas and in 2018, Regional Head of LEX and General Counsel for AmSSA, where he has been instrumental in leading the LEX transformation and key strategic initiatives to shape the regulatory and fiscal environment on Excise, AIT and New Categories for the region. Marcio is also a Councillor of the Brazilian Chamber of Commerce in Great Britain.

British American Tobacco PLC

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Penningtons Manches Cooper LLP

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Penningtons Manches Cooper LLP is a leading UK and international law firm with offices in London (and six other UK regional offices), Madrid, Paris, Piraeus, Sao Paulo and Singapore. With 130 partners and over 800 people in total, its main areas of practice are dispute resolution, corporate and commercial, real estate, private client and family. It has a strong reputation in a variety of sectors; particularly private wealth, shipping, technology and property. Its lawyers are also recognised for their expertise in life sciences, education, retail, sports and entertainment and international trade.

United Kingdom Dispute Resolution General January 2022 Vol.15, No. 58, Winter 2022
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