#BrexitLawsuits in #ISDS

brexit lawsuits

It is possible for investors to successfully challenge the UK government for losses incurred as a result of Brexit.

The following links offer an introduction to the topic and an explanation as to why law firms are working on this issue.

A podcast on Brexit Lawsuits is available on


For an introduction to the podcast watch this video

For a layman’s explanation see the introduction to these suits in the Huffington Post (here).

For a more ‘lawyery’ explanation of why this is something the British government should worry about, see my article on Verfassungsblog (here) and an update on the Oxford Business Law Blog (here). In fact the government is worried about it, as evidenced in the statements by Liam Fox.


My full scale analysis of the issue is introduced on Academia (here) and SSRN (here).

This research has been published in a major article on ICSID Review. Click here for the abstract and contact me directly for free access if you do not subscribe to the Journal.


Feel free to get in touch to share your thoughts or comment using the options below. There is after all a very lively debate on this topic.








4 thoughts on “#BrexitLawsuits in #ISDS

  1. A fascinating theory but isn’t the defect pretty obvious? Brexit, while wholesale and drastic is entirely predictable and legal (a) because there has been constant political agitation for years and (b) because Article 50 expressly permits it. It has always been an explicit risk connected with investment in the U.K. and many other European countries.


    • George Rosenberg says:

      So do you think that Slater & Gordon an Australian ambulance chasing law firm which invested hundreds of millions to enter the UK market to make another fortune and was then pretty well destroyed by huge changes to the law which made this field unprofitable would have a claim?


  2. I am so sorry Yannis, I left you alone.

    I was in the legal Creative Commons hell, I managed to be banned by the Wikimedia foundation for one paper about the Dutch citaatrecht, quotation law as only one of the twenty persons of the world. Yes, I won the in wiki circles known one and only SanFranBan and and am now in a bitter fight about copyright on America fora.

    Yes, after our adventures on the Varoufakis blog my second bitter battle on a world podium. But this time it is bigger, It’s about article 13, the Creative Commons licence and Silicon Valley. Unbelievable but it is true. Our continental legal system is filled up with mystery’s but I am happy to have met a young free source lawyer from Cornwall. Whit a fantastic blog.


    Anyway I hope you are fine, and of course a happy new year for you and your family. I have never forgotten you. Best, Martin, Holland


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