Whilst arbitration agreements in international cases are widely recognised under the New York Convention, the same is not always true for choice of court agreements, for which divergent national rules more often apply. The Hague Convention on Choice of Court Agreements (the "Convention"), which entered into force on 1 October 2015, is a major step forward in this regard.
The Convention aims to improve the effectiveness of exclusive choice of court agreements in international litigation by delivering greater certainty on jurisdictional issues and streamlining the enforcement of court judgments and orders between states that are party to the Convention ("Convention States").
While it is early days for the Convention, the hope is that it may in time provide an international regime for recognition and enforcement of court judgments to rival that of the New York Convention in respect of arbitral awards. This alert outlines the current scope of application of the Convention, its key provisions and their practical effect.
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