2 - The Convention Structure and Content

Summary

INTRODUCTION

This chapter provides a brief introduction to the Convention. It is not meant to be a substitute for the more detailed analysis that follows, but rather an effort to provide in one place a basic overview of the Convention's purpose, scope of application, and basic rules, and to facilitate a general understanding of the Convention.

THE THREE BASIC RULES

The Hague Convention on Choice of Court Agreements provides rules giving effect to choice of court agreements and for recognizing and enforcing the resulting judgments. These objectives are accomplished in the Convention primarily through three basic rules found in Articles 5, 6, and 8.

ARTICLE 5: THE CHOSEN COURT SHALL HAVE JURISDICTION

Article 5(1) of the Convention provides the basic rule that “[t]he court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State.” In this rather simply stated provision, the Convention provides both the basic rule of jurisdiction applicable in the chosen court and the major general qualification to that rule. The rule itself is a reflection of respect for party autonomy and the desire to provide predictability in commercial and other relationships of a private nature. As a general proposition, if the parties in an exclusive choice of court agreement select a specific court located in a Contracting State for purposes of adjudicating their disputes, that court shall have jurisdiction.