Hague Convention on Choice of Court Agreements

The Hague Convention on Choice of Court Agreements was concluded in June 2005. It is designed to promote international trade and investment by offering greater certainty for parties involved in business-to-business contracts and international litigation, through the creation of an optional worldwide framework of rules on jurisdiction, and the recognition and enforcement of judgments in civil and commercial matters.

States may become a party to the Hague Convention either by (1) signature followed by ratification, acceptance or approval, or (2) by accession. The Hague Convention requires two ratifications or accessions before it will enter into force, and it will enter into force three months after the deposit of the second instrument of ratification. For an updated list of signatories and ratifying states, see the HCCH website. Mexico acceded to the Hague Convention in November 2007, and it was signed by the US in January 2009.

On 10 December 2014, Council Decision 2014/887/EU on the approval, on behalf of the EU, of the Hague Convention of on Choice of Court Agreements, was published in the Official Journal. The Council Decision provides that the instrument should be deposited within one month after 5 June 2015. The date of entry into force of the Hague Convention in the EU will then be published in the Official Journal and the Convention will, in due course, enter into force as between the EU and Mexico. (for further information, see Legal update, Council Decision approving the Hague Convention on Choice of Court Agreements published in Official Journal ( www.practicallaw.com/5-591-7866) .

The signing of the Hague Convention does not have any immediate legal consequences for the US, but simply shows a political will to conclude it in due course.

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