Appendix A - Explanatory Report by Trevor Hartley & Masato Dogauchi (including the text of the 2005 Hague Convention on Choice of Court Agreements)  pp. 223-305

Explanatory Report by Trevor Hartley & Masato Dogauchi (including the text of the 2005 Hague Convention on Choice of Court Agreements)

By Ronald A. Brand and Paul Herrup

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CONVENTION ON CHOICE OF COURT AGREEMENTS

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced judicial co-operation,

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgments resulting from proceedings based on such agreements,

Have resolved to conclude this Convention and have agreed upon the following provisions –

CHAPTER I – SCOPE AND DEFINITIONS

Article 1 Scope

  • This Convention shall apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters.
  • For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State.
  • […]