The 2005 Hague Convention on Choice of Court Agreements
Commentary and Documents

This book provides a detailed discussion of the Hague Convention's provisions with a focus on the text as viewed against its diplomatic background.

Ronald A. Brand (Author), Paul Herrup (Author)

9780521878661, Cambridge University Press

Hardback, published 7 April 2008

336 pages
25.8 x 18.1 x 2.3 cm, 0.83 kg

"Brand and Herrup offer insightful discussion of many thorny questions in private international law. They make skillful use of comparative law in shedding light on some of the compromises that were reached. They give vivid illustrations of some of the complications of modern multilateral treaty negotiations involving federal states and regional organizations. The book is recommended reading for anyone curious about the complexities of modern multilateral treaty negotiations, and it should be considered as a supplementary text for those teaching courses in comparative law, conflict of laws, or international law."
American Journal of Comparative Law, Paul R. Dubinsky

The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

Part I. A Basic Introduction to the 2005 Hague Choice of Court Convention: 1. The context and history of the Hague negotiations
2. The Convention structure and content
3. Interpretation and use of the Convention
Part II. Article-by-Article commentary on the Convention: 4. Chapter i – scope and definitions (articles 1–4)
5. Chapter ii – jurisdiction (articles 5–7)
6. Chapter iii – recognition and enforcement (articles 8–15)
7. Chapter iv – general clauses (articles 16–26)
8. Chapter v – final clauses (articles 27–34)
Part III. Choice of Court in the Absence of a Multilateral Convention: 9. Treatment of Choice of Court clauses in U.S. courts
10. Recognition and enforcement of judgments in the United States: with and without Choice of Court agreements
Part IV. Litigation and the Arbitration Choices after the Hague Convention: 11. Planning the Choice of Forum: Choice of Court under the Hague.

Subject Areas: Company, commercial & competition law [LNC], Civil procedure, litigation & dispute resolution [LNAC], Private international law & conflict of laws [LBG]