Hague Choice of Court Convention
Convention of 30 June 2005 on Choice of Court Agreements | |
---|---|
Signed | 30 June 2005[1] |
Location | The Hague, The Netherlands[1] |
Effective | 1 October 2015[2] |
Condition | 2 ratifications/accessions[1] |
Signatories | 9 |
Parties | 8:[2]
|
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
Parties under the convention recognize a
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
State | Signature | Ratification/ Accession |
Entry into force |
Comments |
---|---|---|---|---|
Albania | 13 February 2024 | |||
China | 12 September 2017 | |||
Denmark | 30 May 2018 | 1 September 2018 | does not apply to certain insurance contracts and to the Faroe Islands and Greenland | |
European Union | 1 April 2009 | 11 June 2015 | 1 October 2015 | EU territory of all member states except Denmark, included the UK until 2021; does not apply to certain insurance contracts |
Israel | 3 March 2021 | |||
Mexico | 26 September 2007 | 1 October 2015 | ||
Moldova | 14 March 2024 | 1 July 2024 | does not apply to certain insurance contracts | |
Montenegro | 5 October 2017 | 18 April 2018 | 1 August 2018 | |
North Macedonia | 9 December 2019 | |||
Singapore | 25 March 2015 | 2 June 2016 | 1 October 2016 | |
Ukraine | 21 March 2016 | 28 April 2023 | 1 August 2023 | |
United Kingdom[a] | 28 September 2020 | 1 January 2021 | From 1 October 2015 to 31 December 2020 the UK was included in EU membership of the convention. Includes Gibraltar | |
United States | 19 January 2009 |
See also
- New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- Hague Judgments Convention
Notes
- ^ a b c 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
- ^ a b c text of the treaty
- ^ a b c "Status Table: 37: Convention of 30 June 2005 on Choice of Court Agreements". HCCH. Retrieved 19 April 2013.
- ISBN 9781139470438.
- ^ "The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018".
- ^ "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.
- ^ "DECLARATION/RESERVATION/NOTIFICATION". Hague Conference on Private International Law. 1 April 2019. Retrieved 2 January 2018.