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Hague Convention on Choice of Court Agreements

Published online by Cambridge University Press:  27 February 2017

Ronald Brand
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Type
Treaties and Agreements
Information
International Legal Materials , Volume 44 , Issue 6 , November 2005 , pp. 1291 - 1303
Copyright
Copyright ©American Society of International Law 2005

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References

Endnotes

1 The text of the Final Act of the Twentieth Session, and a documentary history of the Choice of Court Convention project, are available on the Hague Conference website at: <http://www.hcch.net/indexen.php?act=conventions.text=98> The Final Act also contained amendments to the Hague Conference Statute that will allow the European Community, and similar Regional Economic Integration Organizations, to become members of the Hague Conference and parties to its conventions.

2 Letter of May 5, 1992 from Edwin D. Williamson, Legal Advisor, U.S. Department of State, to Georges Droz, Secretary General, The Hague Conference on Private International Law, distributed with Hague Conference document L.c. ON No 15 (1992).

3 Arthur T. von Mehren, Recognition Convention Study: Final Report.

4 Final Act of the Eighteenth Session of the Hague Conference on Private International Law, 19 October 1996, at 21.

5 Informational note on the work of the informal meetings held since October 1999 to consider and develop drafts on outstanding items, drawn up by the Permanent Bureau, Hague Conference on Private International Law, Prel. Doc. No 15 (May 2001) (containing the text of the Preliminary Draft Convention).

6 Hague Conference on Private International Law, Commission II, Jurisdiction and Foreign Judgments in Civil and Commercial Matters, Summary of the Outcome of the Discussion in Commission II of the First Part of the Diplomatic Conference 6—20 June 2001, Interim Text.

7 Preliminary Result of the Work of the Informal Working Group on the Judgments Project, Hague Conference on Private International Law, Prel. Doc. No 8 (March 2003) (corrected) for the attention of the Special Commission of April 2003 on General Affairs and Policy of the Conference.

8 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6997, 330 U.N.T.S. 38 [“New York Convention“], available at: <http://www.Uncitral.org/Uncitral/en/Uncitral_texts/arbitration/NYConvention.html>.

9 Hague Convention, supra note 1, preamble.

10 Id. art. 2(1 )(a).

11 Id. art. 1(2).

12 Id. art. 5.

13 Id. art. 6.

14 Id. art. 8.

15 Id. art. 22.

16 Id. art. 2.

17 Id. art. 6.

18 Id. art. 9.

19 See, e.g., National Conference of Commissioners on Uniform State Laws, Uniform Foreign Money-Judgments Recognition Act § 4.

20 See, e.g., Council Regulation 44/2001/EC of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, 2001 O.J. Euro. Comm. L12/1.

21 Hague Convention, supra note 1, art. 9(e).

22 Id. arts. 2(2)(n)-(o), 2(3), and 10.