Belgian Supreme Court upholds the application of the 2005 Hague Convention to exclusive choice of court agreements concluded during the Brexit transition period
Dispute Resolution analysis: In a landmark ruling on 27 March 2025 (available in French here), the Belgian Supreme Court (Cour de cassation/Hof van Cassatie) confirmed that exclusive choice of court agreements designating the courts of the UK, concluded during the Brexit transition period, remain governed by the Hague Convention of 30 June 2005 on Choice of Court Agreements (Hague Choice of Court Convention). This case brings judicial clarification to a long-standing uncertainty that had emerged in the wake of Brexit as regards the temporal application of the Hague Choice of Court Convention. The Court expressly held that it is applicable to the UK ‘without any reasonable doubt’ from 1 October 2015 to 31 December 2020 as a State bound via the EU’s approval, and from 1 January 2021 as a Contracting Party. In this article Cedric Berckmans, Adrien Willocx, Victoria Hobbs and Louise Lanzkron of Bird & Bird consider the significance of this case to exclusive jurisdiction agreements concluded during the Brexit transition period and how the enforcement landscape between the EU and the UK has evolved since.