THE 2005 HAGUE CHOICE OF COURT CONVENTION IN THE UNITED STATES
THE 2005 HAGUE CHOICE OF COURT CONVENTION IN THE UNITED STATES
Author(s): Ronald A. BrandSubject(s): International Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Hague Convention on Choice of Court Agreements; U.S. law on the recognition of foreign judgments; New York Arbitration Convention;
Summary/Abstract: The 2005 Hague Convention on Choice of Court Agreements was the result of more than a decade of negotiations at the Hague Conference on Private International Law. While the negotiations began with the goal of a more comprehensive convention, regulating both jurisdiction in the court of origin and recognition of the resulting judgment,the result is an important instrument. It provides the opportunity for predictability when a choice of court agreement is included in an international commercial contract, and places that choice on a more even plane with an arbitration agreement under the New York Convention.By giving effect in all Contracting States to both the choice of court agreement and the resulting judgment, the Hague Convention makes the choice between arbitration and litigation more evenly balanced for purposes of choosing a forum for dispute resolution in international commercial contracts.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 9/2016
- Issue No: 18
- Page Range: 31-43
- Page Count: 13
- Language: English