Jurisdiction: The Hague Convention Flashcards
(9 cards)
Which of the following matters falls within the scope of the Hague Convention on Choice of Court Agreements?
A. Commercial dispute between two UK companies over a supply contract
B. Family law dispute over child custody
C. Employment disputes between an employer and employee in the UK
D. Disputes involving consumer contracts
A. Commercial dispute between two UK companies over a supply contract
Explanation:
The Hague Convention applies to civil and commercial matters. Consumer, employment, and family law disputes are excluded.
Which of the following jurisdictions is currently a Contracting State under the Hague Convention?
A. Mexico
B. Canada
C. USA
D. China
A. Mexico
Explanation:
Contracting States include the UK, all EU member states, Mexico, Singapore, and Montenegro. The USA is not currently a party to the Convention.
A French supplier and a UK buyer include in their contract: “The Courts of England and Wales shall have exclusive jurisdiction over any disputes.” The dispute arises in 2023. Does the Hague Convention apply?
A. No, because the buyer is in the UK
B. Yes, because the clause grants exclusive jurisdiction to a Contracting State
C. No, because the dispute occurred in 2023
D. Yes, because France is not excluded under the Convention
B. Yes, because the clause grants exclusive jurisdiction to a Contracting State
Explanation:
The Hague Convention applies because:
The clause is exclusive,
The contract is post-October 2015,
Both UK and France are Contracting States, and
It is a civil/commercial matter.
Two companies agree verbally that only the Singapore courts will hear their disputes. One later tries to rely on the Hague Convention. What is the result?
A. The agreement is valid under the Hague Convention
B. The agreement must be notarised to apply
C. The Hague Convention does not apply as the agreement is not in writing
D. The Hague Convention applies to all commercial agreements
C. The Hague Convention does not apply as the agreement is not in writing
Explanation:
The Convention requires the choice of court agreement to be in writing or evidenced in writing (Article 3(c)). Oral agreements do not qualify.
A contract gives Party A the right to sue only in England and Wales, but Party B can sue in any competent jurisdiction. Can this clause be enforced under the Hague Convention?
A. Yes, because Party A is restricted to a Contracting State
B. No, because Party B is not similarly restricted
C. Yes, because asymmetric clauses are always included
D. No, because England is not a Contracting State
B. No, because Party B is not similarly restricted
Explanation:
Asymmetric clauses provide non-mutual jurisdiction rights. It is uncertain whether such clauses fall under the Convention, so they are generally not enforceable under its provisions.
A German and UK company sign a contract giving exclusive jurisdiction to the German courts. Later, the UK company starts proceedings in England. What must the English court do?
A. Accept jurisdiction because the claimant is English
B. Assess if Germany is more appropriate
C. Decline jurisdiction under Article 6 of the Hague Convention
D. Check if the German court has accepted the case first
C. Decline jurisdiction under Article 6 of the Hague Convention
Explanation:
Where an exclusive jurisdiction clause under the Hague Convention is in place, all other courts must decline jurisdiction (Article 6), unless one of the narrow exceptions applies.
Company Alpha and Company Beta, based in different countries, sign a contract with the clause: “The courts of Singapore shall have exclusive jurisdiction.” A dispute arises. Which of the following is true?
A. The Hague Convention does not apply because the companies are not based in Contracting States
B. The Hague Convention applies only if Singapore explicitly consents
C. The Hague Convention does not apply to cross-border contracts
D. The Hague Convention applies because the clause is exclusive and Singapore is a Contracting State
D. The Hague Convention applies because the clause is exclusive and Singapore is a Contracting State
Explanation:
The Hague Convention applies to exclusive jurisdiction clauses involving a Contracting State, such as Singapore. It does not matter that the parties themselves are not from Contracting States.
Which of the following statements is correct regarding the Hague Convention on Choice of Court Agreements?
A. It only applies to disputes involving UK nationals
B. It applies even where no jurisdiction agreement exists
C. It applies to all family law matters and criminal cases
D. It applies only if the parties have chosen a Contracting State and the clause is exclusive
D. It applies only if the parties have chosen a Contracting State and the clause is exclusive
Explanation:
The Hague Convention is only triggered if there is a jurisdiction agreement that is exclusive, in writing, and names a Contracting State. It excludes family, consumer, and criminal matters.
A clause states: “Party A may bring proceedings in the courts of England and Wales; Party B may bring proceedings in any competent jurisdiction.” What type of clause is this, and what is its status under the Hague Convention?
A. This is an asymmetric clause and its status under the Hague Convention is uncertain
B. This is a non-exclusive clause and the Hague Convention clearly applies
C. This is a unilateral clause and the Hague Convention definitely applies
D. This is a shared clause and the Hague Convention does not apply
A. This is an asymmetric clause and its status under the Hague Convention is uncertain
Explanation:
Asymmetric clauses give different rights to each party. The Hague Convention does not clearly state whether it applies to asymmetric jurisdiction agreements, making their status uncertain.
