The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents

by Ronald A. Brand , Paul Herrup

• ISBN13: 9780521878661
• ISBN10: 0521878667
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-04-07
• Publisher: Cambridge University Press

Summary

The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

Table of Contents

A Basic Introduction to the 2005 Hague Choice of Court Convention

The context and history of the Hague negotiations

The Convention structure and content

Interpretation and use of the Convention

Article-by-Article commentary on the Convention

Chapter i - scope and definitions (articles 1-4)

Chapter ii - jurisdiction (articles 5-7)

Chapter iii - recognition and enforcement (articles 8-15)

Chapter iv - general clauses (articles 16-26)

Chapter v - final clauses (articles 27-34)

Choice of Court in the Absence of a Multilateral Convention

Treatment of Choice of Court clauses in U.S. courts

Recognition and enforcement of judgments in the United States: with and without Choice of Court agreements

Litigation and the Arbitration Choices after the Hague Convention

Planning the Choice of Forum: Choice of Court under the Hague

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