Hague Convention On Choice Of Court Agreements Status Table


December 9, 2020

(d) an exclusive court decision as part of a contract is treated as an agreement independent of the other terms of the contract. The validity of the exclusive decision cannot be challenged solely because the contract is not valid. 2. Notwithstanding the previous paragraph, a contracting State with two or more territorial units with different legal regimes is not required to apply this Convention to situations that concern exclusively different territorial units. 3. A jurisdiction of a territorial unit of a contracting state with two or more territorial units applying different legal systems is not required to recognize or apply a judgment of another contracting state simply because the judgment has been recognized or carried out in another territorial unit of the same contracting state under this Convention. 4. This article does not apply to a regional economic integration organization. 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. For the convention, the choice of judicial agreements must be “exclusive”, i.e. within the framework of the convention, that a group of courts may also be elected, provided they are in the same country. It is not necessary for a court decision to explicitly state that the agreement is exclusive; The designation of a certain (set of) courts automatically renders them exclusive.

(a) the agreement was, under the law of the State of the elected court, not valid, unless the chosen jurisdiction established the validity of the agreement; (b) a party was unable to conclude the agreement in accordance with the required state law; (c) procedure or an equivalent act, including the essential elements of the claim, the procedure of recognition, declaration of enforceable force or enforcement and enforcement of the decision, is subject to the law of the required state, unless otherwise stated in this Convention.

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