Hague Convention on Choice of Court Agreements—scope
Hague Convention on Choice of Court Agreements—scope

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Hague Convention on Choice of Court Agreements—scope
  • When did the Convention come into force?
  • Uniform interpretation (Article 23)
  • Scope of the convention—three requirements (Article 1)
  • Requirement for an international case (Article 1)
  • Exclusions from scope (Article 2)
  • What is an exclusive choice of court agreement? (Article 3)
  • Definition of judgment and residency (Article 4)
  • When does the Convention apply—transitional provisions (Article 16)
  • Documents forwarded or delivered under the convention (Article 18)
  • more

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific and Cross border considerations—checklist—Enforcement—Brexit specific.

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 exclusive choice of court agreements, subject to qualifications for civil or commercial matters. 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 as a contracting state of the EU. It also considers the relationship between the Hague Convention on Choice of Court Agreements and Regulation (EU) 1215/2012, Brussels I (recast), the regulation applied to determine jurisdiction as well as recognition and enforcement of judgments in disputes involving EU Member States.

When interpreting the Hague Convention on Choice of Court Agreements, Article 23 provides that regard shall be had to its international character and to the need to promote uniformity in its application.

An explanatory report for the Hague Convention on