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

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—scope
  • When did the Convention come into force?
  • Scope of the convention—three requirements (Article 1)
  • Requirement for an international case (Article 1)
  • Meaning of international for jurisdiction (Article 1(2))
  • Meaning of international for recognition and enforcement (Article 1(3))
  • Meaning of civil or commercial matters (Article 1(1))
  • Exclusions from scope (Article 2)
  • Consumer/employee matters (Article 2(1))
  • Arbitration (Article 2(4))
  • More...

Hague Convention on Choice of Court Agreements—scope

This Practice Note considers the Hague Convention on Choice of Court Agreements which applies to both jurisdiction and the recognition and enforcement of judgments. It considers the scope of the Hague Convention on Choice of Court Agreements and the requirement for an international case involving an exclusive choice of court agreement. It explores matters excluded from the scope of the convention either through specific exclusions in the convention itself or by means of declarations by the contracting states.

The Practice Note considers the application of the Hague Convention on Choice of Court Agreements to the UK.

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

When did the Convention come into force?

The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico and then by the EU. It came into force on 1 October 2015 as between those two contracting parties as provided for under the provisions in Article 31 of the Hague Convention on Choice of Court Agreements. For information, see News Analysis: Choice of Court Convention ratification by EU ministers.

The convention came into force for other contracting states on different dates. For details, see Practice Note: Tracker—Hague Convention on Choice of Courts Agreements and Hague

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