Convention of 30 June 2005 on the Choice of Court Agreements

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?

Adopted under the auspices of the Hague Conference on Private International Law, the Convention on the Choice of Court Agreements represents the litigation counterpart to the 1958 New York Arbitration Convention. The Choice of Court Agreement establishes rules for enforcing private party agreements regarding the forum for the resolution of disputes, and rules for recognizing and enforcing the decisions issued by the chosen forum. The Convention governs international civil and business-to-business agreements that designate a single court, or the courts of a single country, for resolution of disputes. It does not apply to agreements that include a consumer as a party, or to purely domestic agreements in which the parties are resident in the same Contracting State and all other elements relevant to the dispute are connected only with that State. The Convention sets out three basic rules: - the court chosen by the parties in an exclusive choice of court agreement has jurisdiction; - if an exclusive choice of court agreement exists, a court not chosen by the parties does not have jurisdiction, and must decline to hear the case; and - a judgment resulting from jurisdiction exercised in accordance with an exclusive choice of court agreement must be recognized and enforced in the courts of other Contracting States.

Why is it relevant?

The Convention is designed to promote and facilitate international trade and investment through enhanced judicial co-operation.

Additional Information

The Convention contains amendments to the Hague Conference Statute that will allow the European Community, and similar Regional Economic Integration Organizations to become members of the Hague Conference and parties to its conventions.

  • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958).
  • The Hague Convention on the Choice of Court (The Hague, 25 November 1965)

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Country ratifications
CountryRatification date
Austria01/10/2015
Belgium01/10/2015
Bulgaria01/10/2015
Croatia01/10/2015
Cyprus01/10/2015
Czech Republic01/10/2015
Estonia01/10/2015
Finland01/10/2015
France01/10/2015
Germany01/10/2015
Greece01/10/2015
Hungary01/10/2015
Ireland01/10/2015
Italy01/10/2015
Latvia01/10/2015
Lithuania01/10/2015
Luxembourg01/10/2015
Malta01/10/2015
Mexico26/09/2007
Netherlands01/10/2015
Poland01/10/2015
Portugal01/10/2015
Romania01/10/2015
Slovakia01/10/2015
Slovenia01/10/2015
Spain01/10/2015
Sweden01/10/2015
United Kingdom01/10/2015
Treaties analysis
YearRatifications
20071
201527
Total28
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