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

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

  • Hague Convention on Choice of Court Agreements—scope and application
  • When did the Convention come into force?
  • Which countries are parties to the Convention?
  • When does the Convention apply—transitional provisions
  • Scope of the convention—three requirements
  • Scope of the convention—what is an international case?
  • Scope of the convention—what is an exclusive choice of court agreement?
  • Scope of the convention—exclusions
  • Scope of the convention—declaration limiting jurisdiction (article 19)
  • Scope of the convention—declaration limiting recognition and enforcement (article 20)
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. The Hague Convention on Choice of Court Agreements may be of increasing relevance to UK litigators as a result of the UK’s decision to leave the EU. The UK has ratified the convention and it will come into force for the UK as a contracting state in its own right (rather than as part of the EU) when the UK leaves the EU. For guidance, see: The UK and the Convention. For guidance on the impact of Brexit, see Practice Notes: Brexit—jurisdiction and Brexit—enforcement of judgments.

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.Hague Convention on Choice of Court Agreements

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).

When interpreting the Hague Convention on Choice of Court Agreements, Article 23 provides that regard shall be had to its international character