EU law underpins the provision of dispute resolution to resolve property & construction disputes, says Martin Burns. So what will happen post-Brexit?
An inevitable consequence of the decision by the UK to leave the EU is uncertainty. This is particularly so for those of us who are involved in property and construction.
Brexit compels the industry to examine the adequacy of regulatory systems, and the extent to which some EU law will stay and some is swept away. It obliges us to explore the modifications which will be required, or not, across all areas, including: investment, procurement, financing, and sourcing labour and materials.
One area where it is unclear as to how Brexit will impact is in the way the UK property and construction sector manages conflict and resolves disputes. EU law underpins the provision, operation and enforcement of different forms of dispute resolution. When that law ceases to apply in the UK, the nature of the legal regime that replaces it is clearer in some areas than in others.
Ultimately, repercussions for dispute resolution
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