Mai 2021

Hague Convention On Choice Of Court Agreements Uk

[7] See example. B an ongoing case before the Piraeus Magistrates` Court 3106/2019, described here: conflictoflaws.net/2020/first-contact-of-greek-courts-with-the-2005-hague-choice-of-court-convention/ 5.2. It may be necessary to redefine the agreements/clauses for entry into jurisdiction before 1 January 2021 to ensure that the courts of EU Member States will apply the Hague Convention to such clauses and the resulting judgments (although the English courts apply the Hague Convention to agreements concluded from 1 October 2015). 35. Brexit will not affect the United Kingdom`s accession to the New York Convention, to which the United Kingdom joined in 1975. Therefore, arbitration decisions by courts established in the United Kingdom (whether under the rules of procedure of the London Court of International Arbitration or otherwise) will remain enforceable in each EU member state after Brexit. It remains to be seen whether Brexit will generate increased interest in arbitration, to the detriment of legal disputes. The Hague Convention is an international convention that obliges the courts of the contracting state (including all jurisdictions of the Eugher S/Member State) to comply with exclusive jurisdiction clauses in favour of other jurisdictions of the contracting state and to apply the related judgments. The United Kingdom, as an EU Member State, is currently a party to the Hague Convention. 2. Time-based application: when did the convention „come into force“ in the United Kingdom? Opinions differ as to whether asymmetrical court decisions are exclusively or not exclusively within the meaning of the 2005 Hague Convention.

Two English High Court judges found that there were „good arguments“ for the choice of judicial agreements to be considered exclusively in accordance with the convention. [5] However, the explanatory report attached to the 2005 Hague Convention[6] of EU jurisprudence[7] suggests otherwise. [9] 33. We focused above on the impact of Brexit on legal proceedings. One of the solutions that should be actively considered when divesting new contracts or revamping existing contracts is to make the decision as a dispute resolution mechanism instead of litigation. Although the financial services sector has traditionally been market-oriented, there are a number of advantages inherent in international arbitration, including the fact that the enforcement of distinctions is not subject to the uncertainties we have highlighted above. Membership in the Lugano Convention is a four-step process. The first step was taken on 8 April 2020, when the United Kingdom applied for membership.

The second stage obliges the EU (along with the other contracting parties) to accept the UK`s application for membership, followed by the third stage by the UK`s filing of the accession instrument. The fourth stage is a three-month period during which the EU (or any other contracting state) can raise objections, in which case the agreement between the UK and that party will not enter into force. It is only at the end of this three-month period that the agreement will come into force. 19. To illustrate the above points of exclusivity, there is cause for concern about a clause which provided for the exclusive jurisdiction of English courts, but which would give one party (usually the lender in the financial context) the right to sue in another court. It`s a ubiquitous structure. However, if, after 31 December 2020, the contracting party who did not benefit from the asymmetry initiated proceedings before the courts of an EU Member State, the courts of that State can be convinced (particularly by referring to the French jurisprudence which has challenged such clauses) that an asymmetric clause is not exclusive. In these circumstances, the jurisdiction of the Member State may decide that the Hague Convention is not applicable (and that it is not obliged to suspend the proceedings before it in favour of the English courts, which nullifies the intention of the clause).

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