Convention of 25 November 1965 on the Choice of Court

General Detail

General Information

  1. Type: Convention
  2. Date of signature:
  3. Place of signature: The Hague, The Netherlands
  4. Depositary:
  5. Date of entry into force: N/A

Category

Dispute resolution

Sub category

State court jurisdiction

Groups

HCCH

What is it about?

The Convention on the Choice of Court, adopted under the auspices of the Hague Conference, applies to agreements on the choice of court concluded in civil or commercial matters in situations having an international character. A valid agreement has to be the result of the acceptance by one party of a written proposal by the other party expressly designating the chosen court; it is void if obtained by an abuse of economic power or other unfair means. Decisions given by a chosen court in the sense of the 1955 Convention in one of the Contracting States are recognised and enforced in the other Contracting States in accordance with the rules for the recognition and enforcement of foreign judgments in force. The agreement on the choice of court does not preclude any party from bringing a new action in the courts of a State where the conditions for recognition and enforcement of a decision rendered on the basis of such an agreement are not fulfilled.

Why is it relevant?

The present Convention establishes common provisions on the validity and effects of agreements on the choice of courts. Since 1965 up to 2005 no country has ratified this Convention, therefore it is presumably obsolete.

Additional Information

The Convention on the Choice of Court has not yet entered into force.

  • Convention Relating to the Settlement of the Conflicts between the Law of Nationality and the Law of Domicile (The Hague, 15 June 1955)
  • Convention on the Jurisdiction of the Selected Forum in Case of International Sales of Goods (The Hague, 15 April 1958)

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