Jurisdiction and Conflict of Laws

Question 1

What is the purpose of the Hague Convention?

Answer 1

Brings certainty by upholding exclusive jurisdiction clauses in civil and commercial matters

Question 2

What are the conditions of Hague Convention to apply?

Answer 2

1) Civil or Commercial matter
2) Not an excluded type of dispute
3) Exclusive jurisdiction agreement to Contracting State
4) Jurisdiction must be exclusive
5) In writing

Question 3

What are the Contracting States?

Answer 3

UK, All EU States, Mexico, Singapore, Montenegro

Question 4

What does Hague Convention apply to?

Answer 4

Proceedings commence on or after 1 Jan 2021

Question 5

What are excluded types of disputes in Hague Convention?

Answer 5

Consumers, employment, family

Question 6

What is an example of an exclusive jurisdiction clause?

Answer 6

Jurisdiction of England and Wales

Question 7

What happens if Hague Convention applies?

Answer 7

Chosen court must hear the case – cannot decline jurisdiction (Article 5)

Question 8

What do non-chosen courts do if Hague Convention applies?

Answer 8

Must decline jurisdiction (Article 6)

Question 9

What applies if the Hague Convention does not apply?

Answer 9

The common law rules for jurisdiction

Question 10

To what agreements does the Hague Convention apply?

Answer 10

Agreements made on/after 1 October 2015

Question 11

What type of parties does Hague Convention apply to?

Answer 11

Commercial parties

Question 12

What happens if the parties are not based in a Contracting State?

Answer 12

Then it still applies