What is Choice court agreement?

A jurisdiction agreement (also known as choice of court agreements) is an agreement setting out which court will hear a dispute between the parties that have entered into the agreement. Such agreements are commonly entered into as part of a contract between the parties, alongside an applicable law clause.

What is the 2005 Hague Convention?

The 2005 Convention is a multilateral international treaty aimed at ensuring the effectiveness of exclusive choice of court agreements between parties to international commercial contracts that applies far beyond Europe.

Is the UK party to the Hague Convention?

The Hague Convention has been in force in the UK since 1 October 2015, when the EU acceded to it. However, following Brexit, the UK has acceded to the Hague Convention in its own right (effective from 1 January 2021) such that it now has the force of law in the UK.

Does the Hague Convention apply to arbitration?

Hague Service Convention does not apply to arbitration documents.

Why was the Hague Convention on choice of court agreements created?

The Hague Convention of 30 June 2005 on Choice of Court Agreements is aimed at ensuring the effectiveness of choice of court agreements (also known as “forum selection clauses”) between parties to international commercial transactions. By doing so, the Convention provides greater certainty to businesses engaging in…

What was the choice of court convention of 2005?

The Convention of 30 June 2005 on Choice of Court Agreements (HCCH 2005 Choice of Court Convention) is aimed at ensuring the effectiveness of choice of court agreements (also known as “forum selection clauses”) between parties to international commercial transactions.

When did the US sign the Hague Convention?

The Hague Convention has been signed by the US (January 2009, see Legal update, US signs up to the Hague Convention on Choice of Court Agreements ), the Ukraine (March 2016) and China (September 2017).

When does the Convention on exclusive choice of court agreements apply?

(1) This Convention shall apply to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court. (2) This Convention shall not apply to proceedings instituted before its entry into force for the State of the court seised.