If in the agreement to come out of the article 50 negotiation the UK does not commit to the jurisdiction of the CJEU within its EEA competences, then the UK will be automatically suspended from the EEA on the 29th of September of 2019 (six months after breach, as provisioned in article 102).

Could the UK not become subject to the jurisdiction of the EFTA Court in that instance, similar to Iceland, Norway and Lichtenstein?  As I understand it, May has a particular problem with the CJEU.  I have never heard her mention the EFTA court and Davis has talked of coming to some arbitration agreement with the EU as part of a trade deal. The EFTA Court could be a ready made solution in that instance, always assuming we are in the business of looking for solutions...

Index of Frank's Diaries