7 - General Clauses (Articles 16–26)

Summary

INTRODUCTION

The “General Clauses” chapter of the Convention contains eleven articles that have potential for major impact on specific contracts and transactions. These include transitional rules determining when Convention provisions will apply to agreements and proceedings based on the date of entry into force of the Convention (Article 16), clarifications regarding the application of Convention rules to contracts of insurance (Article 17), a rule that no specific legalization formalities are required for a choice of court agreement to fall under the Convention (Article 18), the authorization of certain declarations states may make that will tailor the application of specific Convention rules under specific circumstances (Articles 19–22), a statement regarding the need to promote uniformity in the interpretation and application of the Convention (Article 23), authorization of Conference review of the operation of the Convention (Article 24), rules for application of the Convention in “non-unified legal systems” (Article 25), and rules governing the relationship between the Convention and other treaties or instruments of Regional Economic Integration Organizations (Article 26). As will be seen in the following discussion, a number of these provisions may have important implications for specific transactions.

ARTICLE 16: TRANSITIONAL PROVISIONS

Article 16 Transitional provisions

1. This Convention shall apply to exclusive choice of court agreements concluded after its entry into force in the State of the chosen court.

2. This Convention shall not apply to proceedings instituted before its entry into force in the State of the court seised.