Hague Convention On Choice Of Courts Agreements

(a) a complete and certified copy of the judgment; (b) the exclusive proceeding agreement, a certified copy thereof or other evidence of its existence; (c) where the judgment in default has been delivered, the original or a certified copy of an act according to which the initial act or an equivalent document has been served on the defaulting party; (d) all documents necessary to demonstrate that the judgment is effective in the State of origin or, where appropriate, enforceable; (e) in the case referred to in Article 12, a certificate issued by a court of the State of origin attesting that the court settlement or part thereof is enforceable in the same manner as a decision taken in the State of origin. “. Of course, the United Kingdom cannot legislate on how existing forum agreements, in which a jurisdiction of one part of the United Kingdom is the chosen jurisdiction, are treated by other parties to the Convention before the resumption of the Convention for the United Kingdom. (a) in the State Party that made the declaration; (b) in other Contracting States where an exclusive jurisdictional agreement designates the courts or one or more specific courts of the State which made the declaration. A State may declare that its courts may refuse to rule on disputes which are subject to an exclusive agreement of jurisdiction if there is no connection between that State and the parties or the dispute, with the exception of the location of the chosen court. These 2018 regulations, which require a detailed investigation to understand them, provide for a UK court to implement jurisdiction agreements concluded by a non-EU member state before the withdrawal date and implement agreements concluded in favour of a Contracting State (including EU Member States) during the (hopefully) 3-day gap before the 2005 Convention reappears in the UK. n. The 2018 Regulations require: (1) This Convention applies, in international cases, to exclusive jurisdictional agreements concluded in civil or commercial matters. 2. For the purposes of Chapter II, a case is international unless the parties are domiciled in the same Contracting State and the relationship between the parties and all other matters relevant to the dispute, irrespective of the place of the proceeding chosen, is related only to that State. (3) For the purposes of Chapter III, there is an international case in which an application for recognition or enforcement of a foreign judgment is sought. The 2005 Convention lays down before the courts of its States Parties the rules of jurisdiction for determining the court before which a case may be decided, as well as the obligations of a non-elected person when faced with an action brought in breach of an agreement of exclusive jurisdiction in favour of another Contracting State. It also provides for the recognition and enforcement of judgments given by the courts of Contracting States selected in agreements of exclusive jurisdiction, including the documents necessary for the recognition of the judgment and the answers to the defence available to a debtor.

. . .