Hague Choice of Court
Convention
Introduction
• Hague choice of court convention formally known as the Convention of
30 June 2005 on choice of court agreements.
• It is an International treaty concluded within the Hague conference on
Private International Law
• It was concluded in 2005, and entered into force on 1st October 2015.
• The member States covers European Union and Mexico, Moldova,
Montenegro, Singapore, Ukraine and the UK are parties to the
convention.
• Albania, China, Israel, North Macedonia and the US signed the
convention but didn’t ratify.
Choice of Court Convention
• The choice of court convention aims to facilitate the recognition
and enforcement of judgments in civil and commercial matters
across borders.
• It provides a framework for parties to select a specific court to
resolve disputes and ensures that judgements rendered by
chosen court are recognized and enforced in other signatory
countries or member states.
• It aimed at enhancing legal certainty and predictability in cross
border dispute
Scope and Exclusion from Scope
• Article 1: the convention shall apply in international cases to exclusive
Choice of court agreement concluded in civil commercial matter.
• Article 2: Exclusion from Scope: The convention shall not apply to the
following matters
a) to which a natural person acting primarily for personal, family
or household purposes (a consumer) is a party;
b) relating to contracts of employment, including collective
agreements.
c) other family law matters, including matrimonial property regimes
and other rights or obligations arising out of marriage or similar
relationships;
d) wills and succession;
e) insolvency, composition and analogous matters;
f) the carriage of passengers and goods;
g) marine pollution, limitation of liability for maritime claims,
general average, and emergency towage and salvage;
h) anti-trust (competition) matters;
i) liability for nuclear damage;
j) claims for personal injury brought by or on behalf of natural
persons;
k) tort or delict claims for damage to tangible property that do not
arise from a contractual relationship;
Exclusive Choice of Court Agreements
• Article 3 : It means and agreement by two or more parties that
meets the agreement in writing or by any other means of
communication for the purpose of deciding disputes Which have
arisen or may arise in connection with a particular legal
relationship.
• A choice of court agreement designates the courts of one
contracting state or one or more specific courts of one contracting
state shall be deemed to be exclusive if parties expressly provided
Jurisdiction of the chosen court
• Article 5: The courts or courts of a contracting state designated in
an exclusive choice of court agreement shall have jurisdiction to
decide a dispute to which the agreement applies and
• A court that has jurisdiction shall not decline to exercise jurisdiction
on the ground that the dispute should be decided in a court of
another State.
• Article 6: Obligations of a Court not chosen :A Court of a
Contracting State other than that of the chosen court shall suspend
or dismiss proceedings to which an exclusive choice of court
agreement applies
Interim Measure of Protection
• Interim measures of protection are not governed by this
convention. This convention has no bearing on whether a court of
a contracting state grants, refuse or terminates interim measures
of protection it also has no bearing on whether a party may
request such measures or whether a court sgould grant, refuse or
terminates sich measures.
Recognition and Enforcement.
• A judgement given by a contracting state designated in an
exclusive choice of court agreement
• And it shall be regnized and enforced in other contracting states in
accordance with their convention.
Conclusion
• The Hague Choice of Court Convention plays a crucial role in
facilitating international trade and investment by providing a
framework for resolving cross-border legal disputes. By recognizing
exclusive choice of court agreements, establishing jurisdictional rules,
and facilitating the recognition and enforcement of judgments, the
convention enhances legal certainty and predictability for parties
involved in international transactions. While the convention is a
significant step towards harmonizing international legal procedures,
its effectiveness depends on widespread ratification and
implementation by participating countries. Overall, the Hague Choice
of Court Convention represents an important development in the field
of private international law, contributing to the promotion of global
commerce and the rule of law.