This Practice Note considers the Application of the Hague Convention on Choice of Court Agreements when dealing with Jurisdiction issues. It considers the different types of choice of court agreements and whether they fall within the convention. It then sets out the obligations on the court provided for in the exclusive choice of court agreement (chosen court) as well as the obligations on courts in which proceedings are commenced where they are not the chosen court (non chosen courts). The Practice Note also considers the Use of anti-suit injunctions under the Convention and the application of the convention when dealing with multi-party disputes.

This Practice Note should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations.

There is an explanatory report for the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi which provides detailed explanations for each article.