Choice of Court Convention - International Recognition and Enforcement of Judgments - Draft Hague Principles on Choice of Law

Aug 23, 2026

The material explains the Hague Conference’s approach to party autonomy in international trade through choice of court agreements, where contracting parties select a specific forum and seek legal respect for that selection. It outlines the Choice of Court Convention concluded in 2005, including its objectives for certainty and its relationship to the 1958 New York Convention. It then details the convention’s scope for jurisdiction, recognition and enforcement, key obligations on chosen courts, suspension by non-chosen courts, and limitations excluding consumer and employment matters.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages32

Reading Time1 h 21 min

AccessFree to download

Choice of Court Convention

Context and Party Autonomy

Choice of Court Convention Objectives and Background

Scope: International Cases and Excluded Matters

Exclusive Choice of Court Agreements

Key Obligations of Chosen and Non-Chosen Courts

Choice of Court Convention, International Recognition and Enforcement of Judgments, and the Draft Hague Principleson Choice of Law TBILISI, GEORGIA 26-28 February 2013 Professor Louise Ellen Teitz First Secretary Hague Conference on Private International Law Choice of Court Convention The Judgments Project Hague Principles on Choice of Law in International Contracts Context ◦ The Hague Conference has a long history of promoting the principle of party autonomy in the area of international trade • ‘Party autonomy’ includes the ability of parties to choose the court (forum) to resolve disputes in international cases, and for that choice to be respected by law ◦ The parties’choice of court will generally be expressed in a term of their contract – this term is known as a “choice of court agreement” or“forum selection clause” Context ◦ The ability of parties to choose a court is recognised in several regional instruments, e.g.: • Brussels I Regulation (within European Union) Buenos Aires Protocol on International Jurisdiction in Contractual Matters (between MERCOSUR States) Minsk and Kishinev Conventions on legal assistance and legal relations in civil, family, and criminal matters (between Members of the Commonwealth of Independent States) ◦ Under national law, some States still do not recognise the ability of parties to: • choose the courts of that State; • choose the courts of another State • The Choice of Court Convention ◦ Concluded in 2005 at the 20th Session of the Hague Conference ◦ Its basic objectives are to: • provide legal certainty and predictability with respect to choice of court agreements; and • become the litigation equivalent of the 1958 New York Convention ◦ In a 2012 statement, the International Chamber of Commerce confirmed that by promoting greater certainty for cross-border business, the Convention should create a climate more favourable for international trade and investment Scope ◦ Applies in international cases: • For the purposes of jurisdiction, a case is international unless the parties are resident in the same Contracting State and their relationship and all other elements relevant to the dispute are connected only with that State; • For the purposes of recognition/enforcement, a case is international where the judgment was given in another Contracting State Scope ◦ Applies in civil or commercial matters: • Consumer and employment contracts are expressly excluded 􀀁 Article 2(1) • Other “excluded matters” include: family law and succession; insolvency; carriage of goods and persons; anti-trust (competition) matters; and validity of intellectual property rights other than copyright and related rights 􀀁 Article 2(2) Scope ◦ Applies to exclusive choice of court agreements: • a choice of court agreement designating a single court (or the courts of a single State) is deemed exclusive unless the parties expressly provide otherwise 􀀁 Article 3(b) • However, States may agree (by declaration) to recognise and enforce judgments rendered pursuant toa non-exclusive choice of court agreement 􀀁 Article 22 The key obligations 1 . The chosen court must hear the dispute 􀀁 Article 5 2 . Any non-chosen court must suspend/dismiss proceedings 􀀁 Article 6 3 . A judgment given by the chosen court must be recognised and enforced 􀀁 Article 8 1. Chosen court must hear the dispute ◦ Chosen court cannot refuse to hear the dispute because: • it considers that a court of another State is more appropriate (forum non conveniens); • a court of another State was seised first (lis pendens) ◦ Chosen court may refuse to hear dispute where the choice of court agreement is null and void under the law of that State (including conflict rules) 􀀁 Article 5 ◦ No effect on internal rules on subject matter jurisdiction or venue

FAQs

What does “party autonomy” mean in the context of international contracts?

It includes the parties’ ability to choose the court (forum) to resolve disputes in international cases, with that choice being respected by law.

How does the Convention determine whether a case is “international”?

For jurisdiction, a case is international unless the parties reside in the same Contracting State and all relevant elements connect only to that State. For recognition and enforcement, a case is international where the judgment was given in another Contracting State.

What are the key obligations regarding chosen and non-chosen courts?

The chosen court must hear the dispute; non-chosen courts must suspend or dismiss proceedings; and judgments from the chosen court must be recognized and enforced.

Aug 23, 2026

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