Jurisdiction and Cross-Border Strategy
Burke Legal advises on the Irish dimension of multi-jurisdictional matters: where proceedings should be brought, how steps in different jurisdictions should be sequenced, and how foreign judgments, awards and proceedings may be given effect in Ireland. The firm acts as Irish counsel within international teams, and leads where Ireland is the centre of gravity of a matter.
Strategy across jurisdictions
The choice of forum and the order in which steps are taken frequently determine the outcome of a cross-border matter. With qualification in Ireland, England and Wales, New York and the British Virgin Islands, the firm frames Irish advice with regard to the procedural requirements of the other jurisdictions engaged, and coordinates closely with foreign counsel, courts and office-holders. She is also a Partner at Nexa Law in England and Wales, so English law advice can be given directly rather than only coordinated.*
Forum selection and jurisdictional access
Advice on whether, and on what basis, the Irish courts will accept jurisdiction, and on the strategic merits of Ireland as a forum relative to the alternatives.
- Jurisdiction under the Brussels I Recast Regulation (EU) No 1215/2012 and at common law
- Service of proceedings outside the jurisdiction
- Choice of court and arbitration agreements, and challenges to jurisdiction
- Centre of main interests (COMI) and sufficient-connection analysis in restructuring contexts
- The management of parallel proceedings in more than one jurisdiction
Recognition and enforcement in Ireland
Ireland's membership of the European Union, together with its common law tradition, provides several routes by which judgments, awards and proceedings from other jurisdictions may be recognised and given effect.
- Recognition and enforcement of EU judgments under the Brussels I Recast Regulation
- Enforcement of judgments from outside the EU, including under the 2019 Hague Judgments Convention and at common law
- Enforcement of arbitral awards under the Arbitration Act 2010 and the New York Convention
- Recognition of foreign insolvency proceedings and office-holders under the EU Insolvency Regulation (Recast) and at common law
Sequencing and coordination
Irish steps are rarely taken in isolation. The firm advises on the sequencing of Irish corporate action and court process alongside proceedings in other jurisdictions, and on the coordination required to ensure that each step is effective where it matters.
- Sequencing of Irish steps alongside UK, EU, US and offshore processes
- Coordination with foreign counsel, financial advisers and office-holders
- Assistance to foreign courts and office-holders, including evidence and information gathering
- Irish process as part of a wider international restructuring or enforcement plan
Ireland and the United Kingdom after Brexit
Since the end of the Brexit transition period, the recognition of judgments and insolvency proceedings between Ireland and the United Kingdom no longer operates under EU instruments. The firm advises on the routes that remain available and on structuring cross-border steps accordingly.
- Recognition of UK judgments and proceedings in Ireland
- Recognition of Irish processes in England and Wales
- Parallel Irish and UK schemes of arrangement and restructuring plans
Typical mandates
Burke Legal acts for:
- international groups whose disputes or reorganisations engage Irish entities
- creditors and investors assessing where and how to act against Irish counterparties
- foreign office-holders seeking recognition or assistance in Ireland
- international law firms coordinating multi-jurisdictional matters
Related insights
Country focus
Two jurisdictions account for most of the firm's cross-border work. Each has its own page.
Related expertise
To discuss a matter, please contact the firm.
* English law advice is provided through Nexa Law Limited, which is authorised and regulated by the Solicitors Regulation Authority (SRA ID 633024), and not through Burke Legal.