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Hague Convention on Choice of Court Agreements: A Commentary [Kõva köide]

This Commentary provides comprehensive analysis of the 2005 Hague Convention on Choice of Court Agreements that came into force in October 2015. Drawing on the contributors’ expertise from a range of legal traditions, including Commonwealth and US common law, as well as French and German civil law traditions, it presents an article-by-article examination of the Convention. Each provision is carefully examined using diverse perspectives to ensure an in-depth understanding of its history, context and meaning. The Commentary outlines past scholarly research and controversies arising from interpretation as well as indicating avenues for future study.


Key Features:

  • Provides an international and comparative perspective on the interpretation of the Convention
  • Includes expansive reference to case law and legal literature, in a variety of languages, from across the globe
  • Analyses the ways in which the Convention is implemented in several jurisdictions
  • Presents insights into the negotiation of the Convention and the Hague Conference process


This Commentary is a crucial reference tool for practitioners in international dispute resolution and private international law. It is also a vital resource for scholars and students specialising in international dispute resolution in Asia, Europe, and the Americas.

Arvustused

This book is an extremely valuable resource for any judge, practitioner, or researcher who encounters this all-important convention. Written by scholars who know the ins and outs of the Hague drafting process, this thorough and thoughtful commentary answers the many thorny questions raised by the conventions often laconic or cryptic text. -- Symeon Symeonides, Willamette University, USA This is an invaluable guide to the Choice of Court Convention by authors of the greatest distinction. The article-by-article structure provides the scholar and the practitioner alike with readily accessible and comprehensive commentary. This is a must-have work for all those who interpret or apply this important Convention. -- Alexander Layton KC, Twenty Essex Chambers, UK This excellent new commentary offers a detailed article-by-article in-depth analysis of the 2005 Hague Convention on Choice of Court Agreements (in force since 2015). It largely benefits from their authors different backgrounds in civil and common law jurisdictions, their rich experience in international contract practice, their intimate understanding of the Hague Conference process and, particularly valuable, their personal experience with the negotiations of the Convention. For actors in its Contracting States (including the UK, the EU, and e.g. Switzerland) it paves the way for a uniform interpretation of the Convention and should hereby largely contribute to the predictability of the forum. -- Thomas Kadner Graziano, University of Geneva, Switzerland This book contains a critical commentary, article-by-article, of the 2005 Hague Convention on Choice of Court Agreements that takes into account not only the intentions of the negotiators to the extent discernible from the preparatory materials, but also stresses the practical problems of interpretation that national courts and litigants are likely to face arising from the many issues left open in the Convention. Hailing from civil law, US and Anglo-Commonwealth common law traditions, the authors present possible solutions to questions not directly answered by the Convention while aiming to avoid potential bias from national law viewpoints. They do not always speak with one voice, but the diversity of their views, enriched by the vast underlying preparatory and academic sources referenced in the book, renders this book a valuable research resource for judges, practitioners and academics dealing with legal issues arising from the Convention. -- Yeo Tiong Min, Singapore Management University, Singapore

Contents
Preface
Introduction to The Hague Convention on Choice of Court Agreements 1
Louise Ellen Teitz
CHAPTER I SCOPE AND DEFINITIONS
1 Scope 38
Peter Mankowski and Gilles Cuniberti
2 Exclusions from scope 55
Peter Mankowski
3 Exclusive choice of court agreements 108
Gilles Cuniberti
4 Other definitions 134
Gilles Cuniberti
CHAPTER II JURISDICTION
5 Jurisdiction of the chosen court 150
Peter Mankowski and Gilles Cuniberti
6 Obligations of a court not chosen 182
Peter Mankowski and Brooke Marshall
7 Interim measures of protection 226
Peter Mankowski and Gilles Cuniberti
CHAPTER III RECOGNITION AND ENFORCEMENT
8 Recognition and enforcement 239
Gilles Cuniberti
9 Refusal of recognition or enforcement 256
Gilles Cuniberti
10 Preliminary questions 282
Brooke Marshall
11 Damages 295
Louise Ellen Teitz
12 Judicial settlements (transactions judiciaires) 307
Gilles Cuniberti
13 Documents to be produced 316
Brooke Marshall
14 Procedure 325
Louise Ellen Teitz
15 Severability 330
Louise Ellen Teitz
CHAPTER IV GENERAL CLAUSES
16 Transitional provisions 335
Gilles Cuniberti
17 Contracts of insurance and reinsurance 339
Brooke Marshall
18 No legalisation 352
Brooke Marshall
19 Declaration limiting jurisdiction 359
Louise Ellen Teitz
20 Declarations limiting recognition and enforcement 368
Louise Ellen Teitz
21 Declarations with respect to specific matters 377
Louise Ellen Teitz
22 Reciprocal declarations on non-exclusive choice of court agreements 387
Louise Ellen Teitz
23 Uniform interpretation 403
Louise Ellen Teitz
24 Review of operation of the convention 410
Louise Ellen Teitz
25 Non-unified legal systems 415
Louise Ellen Teitz
26 Relationship with other international instruments 424
Peter Mankowski
27 Signature, ratification, acceptance, approval or accession 450
Peter Mankowski
28 Declarations with respect to non-unified legal systems 456
Peter Mankowski
29 Regional economic integration organisations 462
Peter Mankowski
30 Accession by a Regional Economic Integration Organisation without its
Member States 469
Peter Mankowski
31 Entry into force 473
Peter Mankowski
32 Declarations 479
Peter Mankowski
33 Denunciation 490
Peter Mankowski
34 Notifications by the depository 493
Peter Mankowski
Annex 1: Hartley/Dogauchi Report 495
Annex 2: Nygh/Pocar Report 617
Annex 3: Singapore Choice of Court Agreements Act 745
Bibliography 751
Index 763
Gilles Cuniberti, Professor of Comparative and Private International Law, University of Luxembourg, Brooke Marshall, Associate Professor of Law, University of Oxford, UK and Louise Ellen Teitz, Professor of Law, Roger Williams University School of Law, Bristol, Rhode Island, USA