Lipman Karas

This Practice Note considers how the Hague Convention on Choice of Court Agreements 2005 which contains regimes for determining court jurisdiction as well as rules for recognition and enforcement of judgments will apply in the UK following the end of the Brexit implementation period from the perspective of both the UK and the EU Member States. The convention is specific to exclusive choice of court agreements.

This Practice Note considers the application of the Hague Convention on Choice of Court Agreements by contracting states to the convention. It sets out the parties to the convention, as well as those countries that have signed the convention but have yet to ratify it. It then considers the application of the convention for contracting states.

This Practice Note considers the Hague Convention on Choice of Court Agreements and its application when seeking to enforce a court judgment or a judicial settlement. It considers the definition of a judgment and judicial settlement, the requirements for the recognition and enforcement of a court judgment, including the severability of a judgment as well as enforcement of non-monetary remedies and judicial settlements. The Practice Note also covers the procedure for recognition and enforcement and the documents required as well as specific considerations in England and Wales. Finally it looks at the grounds for refusing recognition or enforcement under the convention.

This Practice Note considers the application of the Hague Convention on Choice of Court Agreements when dealing with jurisdiction issues. It considers the different types of choice of court agreements and whether they fall within the Convention. It then sets out the obligations on the court provided for in the exclusive choice of court agreement (chosen court) as well as the obligations on courts in which proceedings are commenced where they are not the chosen court (non chosen courts). The Practice Note also considers the use of anti-suit injunctions under the Convention and the application of the convention when dealing with multi-party disputes.

This Practice Note considers the scope of the Hague Convention on Choice of Court Agreements. The scope of the convention is limited to international cases involving an exclusive choice of court agreement. The Practice Note considers what matters are excluded from the scope of the convention either through specific exclusions in the convention itself or by means of declarations by the contracting states.

This Tracker is for use when determining whether a country is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention has come into force for that country.