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. In April 2009 the European Commission signed the Hague Convention and, on 30 January 2014, the EC published a proposal for a council decision on the approval by the EU of the Hague Convention. If the EC's proposal for a Council Decision on the approval of the Convention by the EU is adopted, the Convention will, in due course, enter into force as between the EU and Mexico. 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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