Hague Choice of Court Convention
||This article includes a list of references, but its sources remain unclear because it has insufficient inline citations. (July 2013)|
|Convention of 30 June 2005 on Choice of Court Agreements|
|Signed||30 June 2005|
|Location||The Hague, The Netherlands|
|Effective||Not in force|
|Depositary||Ministry of Foreign Affairs of the Kingdom of the Netherlands|
|Languages||English 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, but had as of 2013 not entered into force. It was signed (but not ratified) by the European Union (on behalf of all its member states except Denmark), the United States, while Mexico acceded to it. Ratification of 1 more country will trigger its entry into force.
Parties under the convention recognize a choice of court agreement between parties in the field of civil law[disambiguation needed] and thus courts not chosen in the agreement will stay all proceedings (unless the chosen court refuses the court). 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.
Judgements by the chosen court must be recognized in all states where the convention is applicable.
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.
|State||Signature||Ratification/Accession||Entry into Force||Comments|
|European Union||1 April 2009||EU territory of all member states except Denmark|
|Mexico||26 September 2007|
|United States||19 January 2007|
- "Status Table: 37: Convention of 30 June 2005 on Choice of Court Agreements". HCCH. Retrieved 19 April 2013.
- Ronald A. Brand and Paul M. Herrup. The 2005 Hague Convention on Choice of Court Agreements. Cambridge.