Hcch Convention On Choice Of Court Agreements 2005 (Hague Choice Of Court Convention)

1. This agreement applies to the exclusive choice of judicial agreements with respect to the state of the elected jurisdiction after it comes into force. 2. This agreement does not apply to proceedings open with respect to the state of the court before it came into force. A court of a contract other than that of the elected court suspends a procedure for which an exclusive court decision is applicable, except – the judicial election of The Hague, formally the convention of 30 June 2005 on the election of judicial conventions, is an international contract concluded in the context of the Hague Conference of Private International Law. It was completed in 2005 and came into force on October 1, 2015. The European Union (for the European territory of all Member States except Denmark), Denmark, Mexico, Singapore and the United Kingdom[a] are parties to the convention. [2] China, Northern Macedonia, Ukraine and the United States signed the convention but did not ratify it. Judicial transactions (which have been authorized by a court of a contracting state designated in an exclusive forum agreement or which have been concluded before that court during a proceeding and are enforceable in the same way as a judgment in the State of origin) are executed in the same way as a judgment under this Convention. 1. This Convention must, as far as possible, be interpreted as compatible with other treaties in force for contracting states, whether they were concluded before or under this Convention. 2.

This Convention does not affect the application of a treaty by a contracting state, whether concluded before or under this Convention, where neither party is established in a contracting state that is not a party to the treaty. 3. This Convention does not affect the application by a contracting State of a treaty concluded for that State party prior to the entry into force of this Convention if the application of this Convention is inconsistent with that contracting state`s obligations to a non-party state. This paragraph also applies to contracts that reverence or replace a treaty concluded for that State party prior to the entry into force of this Convention, unless the revision or replacement leads to further contradictions with this Convention. 4. This agreement does not affect the application of a treaty, whether concluded before or after this Convention, by a contracting State for the purpose of recognizing or enforcing a court decision of a contracting state that is also a party to this treaty. However, the judgment is not recognized or enforced to a lesser extent than under this Convention. 5. This Convention does not affect the application of a treaty by a contracting state which, on a particular issue, regulates the jurisdiction, recognition or enforcement of decisions, even if it is concluded under this Convention and even if all the States concerned are parties to this Convention. This paragraph applies only if the State Party has made a declaration on the treaty under this paragraph.

In the case of such a declaration, other contracting states are not required to apply this Convention to this specific issue, to the extent that it is incorrect when an exclusive forum agreement refers to the courts or one or more specific courts of the State party that made the declaration.