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Explanatory Report to the Hague Convention on Choice of Court Agreements

The Hague Convention on Choice of Court Agreements is an international agreement that seeks to improve the enforceability of cross-border agreements on choice of court. It was adopted on June 30, 2005, and entered into force on October 1, 2015. The Convention currently has 33 contracting parties, including the European Union and the United States.

The main purpose of the Convention is to create a framework for the recognition and enforcement of judgments resulting from disputes arising from international commercial contracts. The Convention aims to provide greater legal certainty and predictability in cross-border transactions by establishing rules on the choice of court clauses in international contracts. The Convention also provides for the enforcement of judgments rendered in the chosen court.

The Convention applies to exclusive choice of court agreements, which are agreements that specify a particular court to resolve disputes arising under a contract. The Convention does not apply to non-exclusive choice of court agreements. The Convention also does not apply to consumer or employment contracts.

One of the key provisions of the Convention is the principle of mutual recognition of judgments. This means that judgments rendered in the chosen court are recognized and enforceable in other contracting parties without any further review of the merits of the case. This helps to reduce the time, cost, and uncertainty associated with cross-border litigation.

The Convention also provides for a procedure for the recognition and enforcement of judgments. The procedure is relatively simple and straightforward compared to traditional recognition and enforcement procedures. The party seeking recognition and enforcement must provide certain documents, such as the judgment and the choice of court agreement, to the court of the contracting party where enforcement is sought. The court then reviews the documents and determines whether the judgment is eligible for recognition and enforcement.

The Convention has been well received by the international business community. It has received strong support from governments, business organizations, and legal practitioners. The Convention has been praised for its potential to increase legal certainty, reduce litigation costs, and promote cross-border trade and investment. It is expected that more contracting parties will accede to the Convention in the future, further increasing its impact and importance.

In conclusion, the Hague Convention on Choice of Court Agreements is an important international agreement that seeks to improve the enforceability of cross-border agreements on choice of court. The Convention provides a framework for the recognition and enforcement of judgments resulting from disputes arising from international commercial contracts. The Convention has received strong support from the international business community and is expected to have a significant impact on cross-border trade and investment.

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