Hague Choice of Court Convention

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Hague choice of court convention
Convention of 30 June 2005 on Choice of Court Agreements
Signed 30 June 2005
Location The Hague, The Netherlands
Effective Not in force
Condition 2 ratifications/accessions
Signatories European Union
United States
Parties 1 (Mexico)
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.[1]

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.

History[edit]

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.[2]

Parties[edit]

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

References[edit]

External links[edit]