Hague Convention on Choice of Court Agreements—jurisdiction
Produced in partnership with Cara North of Lipman Karas
Hague Convention on Choice of Court Agreements—jurisdiction

The following Dispute Resolution practice note produced in partnership with Cara North of Lipman Karas provides comprehensive and up to date legal information covering:

  • Hague Convention on Choice of Court Agreements—jurisdiction
  • Type of choice of court agreement
  • Example agreements
  • Jurisdiction of the chosen court
  • Null and void
  • Forum non conveniens/lis pendens
  • Non-unified legal systems
  • Subject-matter jurisdiction and the value of the claim
  • Internal allocation
  • Procedural rules
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For general guidance on the impact on jurisdiction, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction. For specific guidance on the impact on the application of the convention to the UK, see Practice Note: Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations.

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.

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.

Type of choice of court agreement

A choice of court agreement, or jurisdiction agreement, may be exclusive or non-exclusive. Article 1 of the Convention provides that the

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