Hague Convention On Choice Of Court Agreements Brexit

One thing seems clear, however: the 2005 Hague Convention will play a more important role in the future. Questions about their material and temporal scope also seem to be controversial, as there are clearly differing views between the UK and the EU as to their correct interpretation. These may need to be judged in due course. This practice note deals with the application of the Hague Convention on the choice of jurisdictional arrangements by states parties to the Convention. It stops the parties to the convention as well as the countries that have signed it but have not yet ratified it. It then examines the application of the Convention to each contracting state. Information on the impact of Brexit on the implementation of the agreement in the UK can be found in the Hague Convention on Choice of Court Agreements (Jurisdiction and enforcement) – Brexit considerations. 3. Choice of law: the courts of EU Member States will continue to respect an explicit choice of English law (just as English courts will continue to respect an explicit choice of the law of an EU Member State).

4. Choice of courts/jurisprudences and enforcement decisions: as things stand, the key regime for the recognition of English judicial clauses and the enforcement of English judgments in EU Member States will move from Brussels (recast) (see below) to the Hague Convention (see below). Note that the Hague Convention does not correspond to what we have now: it is more limited in its application and scope. The United Kingdom has applied for membership of the Lugano Convention, which provides for a regime largely equivalent to the first Brussels regulation (before it is «reworked» and strengthened), but it is very unlikely that this will come into force by 1 January 2021. [7] See for example. B A recent case before the Piraeus Magistrates` Court 3106/2019, described here: conflictoflaws.net/2020/first-contact-of-greek-courts-with-the-2005-hague-choice-of-court-convention/ Four recent developments highlight the usefulness of arbitration clauses amid uncertainty about the choice of judicial clauses. With regard to the jurisdiction clauses, the Brussels overhaul regulation and the Lugano Convention will be abolished. Therefore, in the absence of another regime, the United Kingdom will resort to bilateral agreements with certain important EU jurisdictions and the general principles of international unity, which means that compliance and application of clear jurisdictional agreements are the norm, even if there is no binding obligation in this regard.