Dispute resolution under the UK-EU Trade Cooperation Agreement

Published by a LexisNexis International Trade expert
Practice notes

Dispute resolution under the UK-EU Trade Cooperation Agreement

Published by a LexisNexis International Trade expert

Practice notes
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This Practice Note gives practical guidance on the dispute settlement mechanism available to the UK and the EU in terms of the UK-EU TCA. The focus is on dispute settlement as it relates to trade. It covers the scope of trade dispute settlement, the mandatory process of consultation and eventual arbitration, as well as ensuring compliance with the arbitration ruling.

Introduction

After the United Kingdom’s (UK) decision (brexit) to leave the European Union (EU) the parties agreed to a Trade and Cooperation Agreement (UK-EU TCA) in December 2020. The UK-EU TCA entered into force on 1 January 2021. For practical guidance on the trade in goods, services and rules of origin under the UK-EC TCA, kindly see Practice Note Trade in goods under the UK-EU Trade and Cooperation Agreement on goods, Practice Note Trade in services under the UK-EU TCA—an overview on services and Practice Note Rules of Origin of the UK-EU Trade and Cooperation Agreement on Rules of Origin.

The UK-EU TCA provides for its own dispute settlement mechanism. The aim is to provide an

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Jurisdiction(s):
United Kingdom
Key definition:
Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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