The agreement must fit the instrument
The 2005 Hague Choice of Court Convention concerns exclusive choice-of-court agreements within its defined scope. It supports the relationship between the chosen court and recognition of resulting judgments, subject to its conditions and exceptions. A general reference to a country’s courts should not be assumed to produce every desired Convention effect.
Check the whole international route
Review the clause, subject matter, contracting states, declarations and relevant dates. The 2019 Hague Judgments Convention is a separate instrument with its own conditions; it should not be treated as identical to the choice-of-court regime. A practical contract review connects dispute drafting with the assets against which a future judgment might be enforced, including the national procedure where no treaty route is available.
Practical questions to resolve
- Review the exact jurisdiction clause and its exclusivity
- Check treaty status, declarations and temporal application
- Plan recognition and execution in the likely asset state
Primary sources & further reading
Connect the framework to local law
The instrument is one part of the analysis. The countries, facts, relevant dates, national procedure and authority to act determine how it can be used in a particular matter.
These guides provide general legal information. The operative law, deadlines, professional permissions and scope of work are confirmed for the particular matter. Representation is arranged through appropriately authorised local practitioners.
