News

The Hague Choice of Court Convention to enter into force on 1 October 2015

June 22, 2015
Cathalijne van der Plas, Höcker Advocaten, Netherlands

Hocker-logoWith the EU’s recent ratification of The Hague Choice of Court Convention, the minimum requirement of two ratifications for the convention’s entry into force has been met. Mexico had already ratified it in 2007. Many States are expected to follow suit. The US and Singapore have already signed the convention, but they have not yet ratified it.

The Hague Choice of Court Convention provides rules for jurisdiction on the basis of an exclusive choice of court agreement in civil and commercial cases as well as for the recognition and enforcement of decisions issued by the chosen court. This will enable proceedings in international commercial disputes to be conducted more effectively before the regular courts outside the  EU as well. The fact is that a decision issued by a Dutch court that has jurisdiction on the basis of The Hague Choice of Court Convention must, in principle, be recognised and enforced in the other signatory States and vice versa.

If many States ratify The Hague Choice of Court Convention, it could become a major counterpart to the New York Convention of 1958 which, with 149 signatory States so far, provides an appreciable degree of certainty regarding the cross-border enforcement of arbitral awards.

About the author
Cathalijne van der PlasCathalijne van der Plas is an associate partner in the corporate law division. She holds a PhD on private international law and also is a lecturer in private international law at the University of Amsterdam. This expertise is very useful to her in her international practice, which deals with combating cross-border civil fraud and asset recovery. Cathalijne is frequently called in by fellow professionals in order to give advice on complex legal issues concerning the competence of courts, the applicable law and the recognition and enforcement of decisions. She also acts for parties in international trade disputes, including through arbitration.