Withdrawal Agreement Article 138

Withdrawal Agreement Article 138: Understanding the Legal Framework of Brexit

The Withdrawal Agreement Article 138 is a critical component of the legal framework governing the United Kingdom`s exit from the European Union. This provision details the procedure for resolving disputes that arise between the UK and the EU during the implementation phase of Brexit. As a professional, it`s essential to know the intricacies of this provision and its impact on the Brexit process.

What is Withdrawal Agreement Article 138?

Withdrawal Agreement Article 138 outlines the mechanisms for resolving disputes that may arise between the EU and the UK during the implementation period of Brexit. The implementation period is a transitional period from the date the UK leaves the European Union to December 31, 2020.

During the implementation period, the UK will continue to follow EU rules and regulations while still having no say in EU decisions. This period will allow both parties to negotiate and finalize their future relationship.

Withdrawal Agreement Article 138 provides mechanisms for resolving disputes that could arise between the EU and the UK during the implementation period. The provision aims to ensure that any disputes can be resolved quickly, fairly, and efficiently to avoid any risks of disruption to trade or other aspects of the relationship between the two parties.

How does Withdrawal Agreement Article 138 work?

Withdrawal Agreement Article 138 outlines the following procedures for resolving disputes:

1. Consultation

The first stage of dispute resolution involves both parties engaging in consultations with each other. This process aims to resolve any issues amicably between the two parties. If the parties fail to reach an agreement, the process moves to the next stage.

2. Mediation

If the consultation process fails, Withdrawal Agreement Article 138 provides for mediation between the UK and the EU. This involves appointing a mediator to assist in resolving the dispute. The mediator will be appointed from a list jointly established by the UK and the EU.

3. Arbitration

If mediation fails, the parties can proceed to arbitration. Each party will appoint an arbitrator, and these two arbitrators will then select a third arbitrator, the chair of the tribunal. The arbitration tribunal will make a final and binding decision, and the parties will be required to implement it.

What impact does Withdrawal Agreement Article 138 have on Brexit?

Withdrawal Agreement Article 138 is one of the many provisions of the Withdrawal Agreement that sets out the legal framework for the UK`s exit from the EU. The provision is critical for ensuring that any disputes between the EU and the UK during the implementation period can be resolved quickly, fairly, and efficiently.

In summary, Withdrawal Agreement Article 138 provides a legal framework for resolving any disputes that may arise between the UK and the EU during the implementation period of Brexit. The provision aims to ensure that any disputes can be resolved quickly, fairly, and efficiently to avoid any risks of disruption to trade or other aspects of the relationship between the two parties. As a professional, it`s essential to keep up with the latest developments in the Brexit process, including the provisions of the Withdrawal Agreement like Article 138.