Hcch Convention On Choice Of Court Agreements 2005

A comprehensive collection of documents and minutes of the convention deliberations is available in the Proceedings of the Twentieth Session (2005), Tome III, Choice of Court. 1. Statements under Sections 19, 20, 21, 22 and 26 may be made at the time of signing, ratification, acceptance, approval or membership or at any time thereafter, and amended or withdrawn at any time. 2. Returns, amendments and withdrawals are communicated to the custodian. 3. A declaration made on the date of signing, ratification, acceptance, approval or accession enters into force for the State concerned on the date of entry into force of this Convention. 4. A subsequent statement and any change or withdrawal of a return take effect on the first day of the month following the expiry of three months from the date the notification was received by the custodian.

5. A statement within the meaning of Sections 19, 20, 21 and 26 does not apply to the exclusive choice of judicial agreements concluded before they are effective. (a) the agreement is, according to the law of the State of the elected jurisdiction, null and void; (b) a party was unable to conclude the agreement in accordance with state law of the court in the court; (c) the effect of the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of the state of the court before it; (d) for exceptional reasons beyond the control of the parties, the agreement cannot reasonably be implemented; or (e) the elected court decided not to hear the case. 1. A judgment of a court of a contracting state designated in an exclusive for agreement is recognized and executed in other contracting states in accordance with this chapter. Recognition or enforcement can only be denied for the reasons set out in this agreement. 2. Without prejudice to the review required for the application of the provisions of this chapter, there is no verification of the merits of the judgment of the original court. The required jurisdiction is bound by the factual findings on which the court of origin was based, unless the judgment has been delayed. 3. A judgment is recognized only if it takes effect in the State of origin and is executed only if it is enforceable in the State of origin.

4. Recognition or enforcement may be deferred or denied if the judgment is reviewed in the State of origin or if the time to request an ordinary review has not expired. A refusal does not preclu her subsequent request for recognition or enforcement of the judgment. 5. This article also applies to a decision of a court of a contracting state in connection with a transfer of the case by the elected court of that contracting state, in accordance with Article 5, paragraph 3. However, if the elected court had discretion in the transmission of the case to another court, recognition or execution of the sentence may be denied against a party who has withstood the transmission in the country of origin in a timely manner.