Hague Convention on Choice of Court Agreements—scope


Produced in partnership with Cara North of Corrs Chambers Westgarth
Practice notes
Brexit

Hague Convention on Choice of Court Agreements—scope


Produced in partnership with Cara North of Corrs Chambers Westgarth

Practice notes
Brexit
imgtext

This Practice Note considers the Hague Convention on Choice of Court Agreements which applies to both jurisdiction and the recognition and Enforcement of judgments. It considers the scope of the Hague Convention on Choice of Court Agreements and the requirement for an international case involving an exclusive choice of court agreement. It explores matters excluded from the scope of the convention either through specific Exclusions in the convention itself or by means of declarations by the contracting states.

The Practice Note considers the application of the Hague Convention on Choice of Court Agreements to the UK.

An explanatory report for the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi provides detailed explanations for each article.

When did the Convention come into force?

The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico and then by the EU. It came into force on 1 October 2015 as between those two contracting parties as provided for under

Cara North
Cara North

Special Counsel, Corrs Chambers Westgarth

Cara has over a decade’s worth of experience acting for clients on large and complex multi-jurisdictional disputes, specialising in domestic and international commercial litigation, arbitration and investor-state dispute resolution. Her expertise includes arbitrating under the rules of various arbitral institutions and acting for clients in complex and high profile litigation in the UK, the US, Guernsey, the Cayman Islands, Hong Kong and Malaysia, primarily in the areas of construction projects, large corporate collapses and fraud. 

Cara also has specific expertise in private international law, having worked as a consultant for the Hague Conference on Private International Law for five years and, prior to that, as a legal officer to the Hague Conference. 

Cara has practiced in specialist disputes firms in London and Geneva, working on several international investment and commercial arbitrations under the UNCITRAL Rules, the Swiss Rules for International Arbitration, the International Chamber of Commerce Rules and the American Arbitration Association Rules in the construction, petroleum and telecommunications sectors.

Cara has a Master of Laws degree specialising in International Dispute Settlement from the University of Geneva and the Graduate Institute of International and Development Studies, and is a member of the ACICA45 Steering Committee and the Australian branch of the International Law Association. She regularly publishes and speaks on the topics of private international law and international commercial and investment arbitration. 

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom and Ireland
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

Read more

Popular documents

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are

Forum non conveniens—principles

Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to

Enforcement of judgments under Brussels I (recast)

Enforcement of judgments under Brussels I (recast)This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast).  Such enforcement can be sought after IP completion day (31