Hague Convention Of 30 June 2005 On Choice Of Court Agreements

[12] Proposal for a Council decision on the approval, on behalf of the European Union, of the Hague Convention of 30 June 2005 on the choice of judicial agreements (European Comm`n) (30 January 2014). 1. This Convention applies, in international cases, to the exclusive choice of judicial agreements concluded in civil or commercial matters. 2. For the purposes of Chapter II, a case is international, unless the parties have their domicile in the same contracting state and the relationship between the parties and all other points of view relevant to the dispute, regardless of the seat of the elected court, is related only to that state. 3. For the purposes of Chapter III, a request for recognition or execution of a foreign decision is international. 1. A judgment of a court of a contracting state designated in an exclusive for agreement is recognized and executed in other contracting states in accordance with this chapter.

Recognition or enforcement can only be denied for the reasons set out in this agreement. 2. Without prejudice to the review required for the application of the provisions of this chapter, there is no verification of the merits of the judgment of the original court. The required jurisdiction is bound by the factual findings on which the court of origin was based, unless the judgment has been delayed. 3. A judgment is recognized only if it takes effect in the State of origin and is executed only if it is enforceable in the State of origin. 4. Recognition or enforcement may be deferred or denied if the judgment is reviewed in the State of origin or if the time to request an ordinary review has not expired. A refusal does not preclu her subsequent request for recognition or enforcement of the judgment. 5. This article also applies to a decision of a court of a contracting state in connection with a transfer of the case by the elected court of that contracting state, in accordance with Article 5, paragraph 3. However, if the elected court had discretion in the transmission of the case to another court, recognition or execution of the sentence may be denied against a party who has withstood the transmission in the country of origin in a timely manner.

Article 22 Mutual Declarations on the non-exclusive choice of judicial agreements Judgments of the chosen jurisdiction must be recognized in all states in which the convention is applicable. 1. The court or courts of a contracting state designated in an exclusive forum agreement have jurisdiction to rule on a dispute to which the agreement applies, unless the agreement is sharp under that state`s law. 2. A court competent under paragraph 1 does not reject jurisdiction on the grounds that the dispute should be decided in a court of another state. 3. The previous paragraphs do not affect the provisions – 1. Statements under sections 19, 20, 21, 22 and 26 may be made on the date of signing, ratification, acceptance, approval or membership or at any time thereafter, and may be amended or withdrawn at any time. 2. Returns, amendments and withdrawals are communicated to the custodian. 3.

A declaration made on the date of signing, ratification, acceptance, approval or accession enters into force for the State concerned on the date of entry into force of this Convention. 4. A subsequent statement and any change or withdrawal of a return take effect on the first day of the month following the expiry of three months from the date the notification was received by the custodian. 5. A statement within the meaning of Sections 19, 20, 21 and 26 does not apply to the exclusive choice of judicial agreements concluded before they are effective. The parties to the agreement recognize a judicial agreement between the parties in the field of civil law and, therefore, the courts that were not elected in the agreement ignore all proceedings, unless the elected court refuses to guarantee its jurisdiction.