More Scottish businesses, and those from elsewhere, are choosing Scotland over England as the place to litigate or otherwise resolve disputes, according to a senior lawyer.
Writing in the Scotsman today, Jim Cormack QC, a solicitor advocate and partner with Pinsent Masons, argues that whereas EU law currently regulates which courts have jurisdiction to hear commercial disputes with a global element within Europe, that would cease to apply after the end of the transitional period in the proposed Withdrawal Agreement and businesses should now be reviewing the dispute resolution clauses in their contracts.
He states that although many Scottish firms continue to write contracts that are covered by the jurisdiction of the English courts, "there appears to be a growing willingness to reconsider this and agree to litigate in Scotland. While England remains a good place to litigate, it is most welcome to see more Scottish businesses (and businesses outside Scotland) valuing the strengths of the Scottish courts and Scotland-based arbitrators, mediators and litigation lawyers, as well as the cost and other procedural advantages".
Mr Cormack also welcomes the moves by the Scottish Government and court authorities to make the Scottish courts a desirable place to resolve commercial and international disputes, through the specialist commercial court and the support for arbitration in Scotland through the Scottish Arbitration Centre.