Hague Convention Of 30 June 2005 On Choice Of Court Agreements
The judgments of the elected court must be recognized in all states where the convention is applicable. 1. In this agreement, “judgment” refers to any decision on a court`s reasoned benefits, regardless of the reference it may have, including an order or order, and a finding of costs or expenses by the court (including a court official), provided the decision refers to a decision on the merits that can be recognized or enforced under this convention. A provisional protection measure is not a judgment. (2) For the purposes of this Convention, a legal or other person residing in the state  In particular, the Hague Convention offers much broader grounds for non-recognition of the judgments of the signatory state than the New York Convention provides. Under Article 9 of the Hague Convention, recognition may be denied if (i) the underlying agreement is, according to state law of the elected jurisdiction, null and void; (ii) A party was unable to conclude the agreement in accordance with the required state law; (iii) Documents that are the subject of an action before the elected court have not been disclosed to the defendant in a timely manner; (iv) documents relating to the required state recognition or enforcement procedures were forwarded to the defendant in a manner contrary to that state`s “fundamental principles” with respect to service and notification; v) the judgment was obtained in the context of fraudulent proceedings; (vi) recognition or execution is “manifestly incompatible” with the required state order; (vii) the judgment is not consistent with an earlier judgment in the state required in a dispute between the same parties; or (viii) The judgment is not consistent with an earlier judgment.” Article 9. Like the New York Convention, the Hague Convention aims to establish a harmonized set of rules governing cross-border choice of judicial forums and cross-border enforcement of judgments. A comprehensive collection of documents and minutes of the convention deliberations is available in the Proceedings of the Twentieth Session (2005), Tome III, Choice of Court. 1. This Convention must, as far as possible, be interpreted as compatible with other treaties in force for contracting states, whether they were concluded before or under this Convention. 2.
This Convention does not affect the application of a treaty by a contracting state, whether concluded before or under this Convention, where neither party is established in a contracting state that is not a party to the treaty. 3. This Convention does not affect the application by a contracting State of a treaty concluded for that State party prior to the entry into force of this Convention if the application of this Convention is inconsistent with that contracting state`s obligations to a non-party state. This paragraph also applies to contracts that reverence or replace a treaty concluded for that State party prior to the entry into force of this Convention, unless the revision or replacement leads to further contradictions with this Convention. 4. This agreement does not affect the application of a treaty, whether concluded before or after this Convention, by a contracting State for the purpose of recognizing or enforcing a court decision of a contracting state that is also a party to this treaty. However, the judgment is not recognized or enforced to a lesser extent than under this Convention. 5.
This Convention does not affect the application of a treaty by a contracting state which, on a particular issue, regulates the jurisdiction, recognition or enforcement of decisions, even if it is concluded under this Convention and even if all the States concerned are parties to this Convention.