Hague Choice of Court Convention

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Hague choice of court convention
Convention of 30 June 2005 on Choice of Court Agreements
HagueChoiceofCourtConvention.svg
Parties (purple) and signatories (green)
Signed30 June 2005 [1]
Location The Hague, The Netherlands [1]
Effective1 October 2015 [2]
Condition2 ratifications/accessions [1]
Signatories11
Parties11 (covering 36 countries): [2]
Depositary Ministry of Foreign Affairs of the Kingdom of the Netherlands
LanguagesEnglish and French

The Hague choice of court convention, formally the Convention of 30 June 2005 on Choice of Court Agreements, is an international treaty concluded within the Hague Conference on Private International Law. It was concluded in 2005, and entered into force on 1 October 2015. Albania, the European Union (covering the European territory of all member states except Denmark), Denmark, Mexico, Moldova, Montenegro, North Macedonia, Singapore, Switzerland, Ukraine and the United Kingdom [a] are parties to the convention. [2] China, Costa Rica, Israel, Kosovo and the United States signed the convention, but did not ratify.

Contents

Parties under the convention recognize a choice of court agreement between parties in the field of civil law and thus courts not chosen in the agreement will stay all proceedings, unless the chosen court refuses to uphold the jurisdiction. For the convention choice of court agreements must be "exclusive", which means in the context of the convention that also a group of courts may be chosen, as long as they are in the same country. It is not required for a choice of court agreement to explicitly state that the agreement is exclusive; designating a specific (set of) courts will automatically render it exclusive.

Judgments by the chosen court must be recognized in all states where the convention is applicable.

History

The Hague Conference started with the "Judgements project" in 1996: the development of a convention regarding jurisdiction and recognition of judgements. Jurisdiction within such a convention would be classified in three categories: bases of jurisdiction which were obligatory, optional or prohibited. As the negotiators were not able to come to a consensus on such a convention, the scope of the work was reduced to jurisdiction and recognition of decisions based on a choice of court agreement between the parties. During the negotiations parallels were drawn between the New York Convention on arbitral awards: the aim was to create a system of recognition of decisions based on court cases where the court was chosen pursuant to a choice of court agreements, which would create the same level of predictability and enforceability as is the case in arbitral awards in New York Convention states. [3]

Parties

StateSignatureRatification/
Accession
Entry into
force
Comments
Flag of Albania.svg  Albania 13 February 202425 June 20241 October 2024
Flag of the People's Republic of China.svg  China 12 September 2017
Flag of Costa Rica.svg  Costa Rica 5 March 2025
Flag of Denmark.svg  Denmark 30 May 20181 September 2018does not apply to certain insurance contracts and to the Faroe Islands and Greenland
Flag of Europe.svg  European Union 1 April 200911 June 20151 October 2015EU territory of all member states except Denmark, included the UK until 2021;
does not apply to certain insurance contracts
Flag of Israel.svg  Israel 3 March 2021
Flag of Kosovo.svg  Kosovo 19 September 2024
Flag of Mexico.svg  Mexico 26 September 20071 October 2015
Flag of Moldova.svg  Moldova 14 March 20241 July 2024does not apply to certain insurance contracts
Flag of Montenegro.svg  Montenegro 5 October 201718 April 20181 August 2018
Flag of North Macedonia.svg  North Macedonia 9 December 201921 November 20241 March 2025
Flag of Singapore.svg  Singapore 25 March 20152 June 20161 October 2016
Flag of Switzerland (Pantone).svg   Switzerland 18 September 20241 January 2025including non-exclusive agreements
Flag of Ukraine.svg  Ukraine 21 March 201628 April 20231 August 2023
Flag of the United Kingdom.svg  United Kingdom [a] 28 September 20201 January 2021From 1 October 2015 to 31 December 2020 the UK was included in EU membership of the convention.
Includes Gibraltar
Flag of the United States.svg  United States 19 January 2009

See also

Notes

  1. 1 2 3 The convention applied to the UK as part of the European Union until Brexit on 1 February 2020, and until 1 January 2021, the European Union membership still encompassed the United Kingdom for this convention. The accession of the UK as a party in its own right, deposited on 2 January 2019, was first suspended and finally retracted on 30 January 2020. In September 2020 it submitted an instrument of accession again.The UK views itself as having been a member since 1 October 2015. [4] The EU Commission has said the Hague Convention only applies to the UK from 1 January 2021. [5] [6]

References

  1. 1 2 3 text of the treaty
  2. 1 2 3 "Status Table: 37: Convention of 30 June 2005 on Choice of Court Agreements". HCCH . Retrieved 19 April 2013.
  3. Ronald A. Brand; Paul M. Herrup (7 April 2008). The 2005 Hague Convention on Choice of Court Agreements. Cambridge. ISBN   9781139470438.
  4. "The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018".
  5. "Paragraph 1.2 of NOTICE TO STAKEHOLDERS: WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CIVIL JUSTICE AND PRIVATE INTERNATIONAL LAW" (PDF). 27 August 2020.
  6. "DECLARATION/RESERVATION/NOTIFICATION". Hague Conference on Private International Law . 1 April 2019. Retrieved 2 January 2018.