Hague Convention On Choice Of Court Agreements Member States

Date Posted: September 22, 2021 by admin


Article 22 Reciprocal statements on non-exclusive jurisdiction agreements A crucial consideration for international companies that choose a jurisdiction agreement in English to settle their contractual dispute is whether such agreements are respected by foreign jurisdictions outside the UK? Will a foreign court bring into force an agreement of English jurisdiction and refuse to exercise its own jurisdiction over an action brought in breach of such an agreement? Will these courts recognize and enforce a judgment in English if jurisdiction was based on an English jurisdiction agreement? 1. The declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession, or at any time thereafter, and amended or withdrawn at any time thereafter. 2. Declarations, amendments and withdrawals shall be communicated to the depositary. 3. A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect for the State concerned at the same time as the entry into force of this Convention. 4. A declaration made subsequently and any modification or withdrawal of a declaration shall take effect on the first day of the month following the expiration of three months from the date on which the notification was received by the depositary. 5. The declaration referred to in Articles 19, 20, 21 and 26 shall not apply to exclusive agreements of jurisdiction concluded before their entry into force. (a) the court of origin has been designated in a non-exclusive jurisdiction agreement; (b) there is no judgment of another court which may be appealed pending under the non-exclusive trial agreement, nor is there any proceedings between the same parties before another court of that kind in respect of the same plea; and (c) the court of origin was the court that was first seized. Please contact Dr. Jennifer Bryant if you have any questions regarding the recognition and enforcement of awards or arbitral awards.

The recast of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Regulation) of 10 December 2012. In any event, 1 January 2015 (see here for the discussion of the recast Brussels I Regulation) has in part a similar factual scope. The Brussels I Regulation also contains provisions on the importance of agreements on the exclusive choice of courts (Article 25) and on the recognition and enforcement of judicial decisions (Article 36 et seq.). Article 3(c) of the HCCCA requires that a jurisdiction agreement in force within the meaning of the Convention be concluded in writing or by any other documentary means allowing subsequent access to information relating to the exclusive jurisdiction agreement. . . .





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