The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents
Cambridge University Press
Edition: 3, 4/7/2008
EAN 9780521878661, ISBN10: 0521878667
Hardcover, 336 pages, 25.4 x 17.8 x 1.9 cm
Language: English
Originally published in English
The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.
Part I. A Basic Introduction to the 2005 Hague Choice of Court Convention
1. The context and history of the Hague negotiations
2. The Convention structure and content
3. Interpretation and use of the Convention
Part II. Article-by-Article commentary on the Convention
4. Chapter i – scope and definitions (articles 1–4)
5. Chapter ii – jurisdiction (articles 5–7)
6. Chapter iii – recognition and enforcement (articles 8–15)
7. Chapter iv – general clauses (articles 16–26)
8. Chapter v – final clauses (articles 27–34)
Part III. Choice of Court in the Absence of a Multilateral Convention
9. Treatment of Choice of Court clauses in U.S. courts
10. Recognition and enforcement of judgments in the United States
with and without Choice of Court agreements
Part IV. Litigation and the Arbitration Choices after the Hague Convention
11. Planning the Choice of Forum
Choice of Court under the Hague.