Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015

Whats new?

SI 2015/1644: Provision is made to facilitate the application of the Hague Convention on Choice of Court Agreements 2005 in the UK. The Convention, which has been signed and ratified by the EU and comes into force on 1 October 2015, aims to ensure the effectiveness of choice of court agreements made between parties to international commercial contracts.

The Convention was concluded at The Hague on 30 June 2005 and signed on behalf of the EU on 1 April 2009. It was ratified on behalf of the EU on 11 June 2015 and will enter into force on 1 October 2015 for the EU member and for Mexico, which is the only other state which has ratified the Convention to date.

What's changing?

The Regulations make amendments to UK legislation consequential on the entry into force of the Convention on Choice of Court Agreements, as follows:

  • amend the Civil Jurisdiction and Judgments Act 1982 to provide, in particular, for foreign judgments required to be recognised and enforced under the Convention to be registered under that Act on the application of an interested party and for a decision on such an application to be appealable on the grounds set out in the Convention
  • make consequential amendments to the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997, SI 1997/302, and the Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997, SI 1997/2780
  • amend the Civil Procedure Rules 1998, SI 1998/3132, to provide for service of claims to which the Convention applies out of the jurisdiction and to make further provision as to the procedure for registration and enforcement of foreign judgments in England and Wales in accordance with the Convention
  • make provisions in relation to judicial settlements which generally mirror the provisions made by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlement) Order 2001, SI 2001/3928.

 

 

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