Brexit talks: What next as Lord Frost weighs Article 16 – how UK risks trade war | UK | News
One of the central requests in his speech yesterday was for an independent arbitrator to oversee ongoing trade talks.
The Court of Justice of the European Union (CJEU) is in charge at the moment and will likely remain so for the foreseeable future.
As such, courts oversight could succeed the sausage wars as the new point of conflict between negotiators.
Experts have drawn attention to EU arrangements with Switzerland that allow an independent body to take on disputes before EU judges get involved.
But Switzerland, although not a member of the EU or EEA, is in the single market, which MPs voted to leave in 2018.
Diplomats will have the opportunity to discuss where they go from here tomorrow when they come to London.
If ongoing friction continues, either party can trigger the “nuclear option”.
Otherwise known as Article 16, the provision baked into the Brexit agreement could decide where discussions go from here.