CHOICE OF COURT CONVENTION (HCCC) AND ARBITRATION
CHOICE OF COURT CONVENTION (HCCC) AND ARBITRATION

Summary/Abstract: This paper is about the relationship between the Hague Choice of Court Convention and Arbitration. In the first part the paper discusses the relationship of the HCCC and the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. In the second par tit examines the potential of the HCCC to create the level playing field on the dispute resolution market. In the third part it focuses on complex conflicts of jurisdiction between courts and arbitrators arising from the use of multiple remedies. The provisions of the HCCC are tested in light of double and triple choice of forum clauses occurring in practice at the stage of jurisdiction and at the stage of recognition and enforcement. The question of mergers of awards into judgments and their treatment under the HCCC is also briefly discussed. The paper concludes with the assessment that the HCCC does not offer a full answer to the question how to deal with complex conflicts among courts and arbitral tribunals. For this reason, it might bring some collateral uncertainty in the field of administration of international justice. The area that may be hit particularly hard by ratification of the HCCC by a State is its domes-tic arbitration.

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