Hague Convention of 2005: influences on the choice of forum as an item of the business decision Cover Image
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Convenţia de la Haga din 2005: influenţe asupra alegerii forului ca element al deciziei de afaceri
Hague Convention of 2005: influences on the choice of forum as an item of the business decision

Author(s): Sergiu Popovici
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Hague Convention; choice of court agreements; applicable law; private international law; international jurisdiction; enforcement and recognition; Brussels I Recast;

Summary/Abstract: On the 1st of October 2015, following Council Decision 2014/887/EU, the Hague Convention of 30 June 2005 on Choice of Court Agreements came into force. Ratification of the Convention by the European Union aims to improve the circulation of judgments between Member States and non-member states party to the Convention. However, Regulation no. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) has a set of rules involving non-member states, leading to possible overlapping between the two instruments which require clarification. The present paper aims to present a general overview of the Hague Convention and to assess some of the possible problems which could affect the business decision to insert choice of court clauses by economic agents operating in Romania.

  • Issue Year: 2019/2019
  • Issue No: 03
  • Page Range: 427-438
  • Page Count: 11
  • Language: Romanian