DR - Jurisdiction - Hague convention

Question 1

Jurisdiction - Hague Convention
From when does the Hague Convention on Choice of Court Agreements apply?

Answer 1

Must apply for proceedings started after 1 January 2021 and contracts entered into after 1 October 2015

Question 1

Jurisdiction - Hague Convention
What are the headline considerations when applying the Hague Convention?

Answer 1

1 Is the matter a civil or commercial matter?

2 It is an excluded matter?

3 Does the clause give jurisdiction to a Contracting State?

4 Is the agreement an ‘asymmetric’ (exclusive) one?

5 Is the agreement concluded / documented /evidenced in writing?

6 Is jurisdiction given exclusively?

Question 2

Jurisdiction - Hague Convention
Does the Hague Convention apply to criminal matters?

Answer 2

No, only Civil

Question 3

Jurisdiction - Hague Convention
What disputes are excluded from the Hague Convention

Answer 3

Main ones:

• consumers
• employment matters

Question 4

Jurisdiction - Hague Convention
Does the Hague Convention apply where the choice of contracting state is not a
Hague Convention country?

Answer 4

No.

Contracting Countries are EU, Mexico, Singapore

Question 5

Jurisdiction - Hague Convention
Does the Hague Convention apply where the clauses do not give exclusive jurisdiction to a state?

Answer 5

No the contract must give exclusive jurisdiction to a member state

Question 6

Jurisdiction - Hague Convention
What is a ‘asymetric’ clause?

Answer 6

Gives jurisdiction rights to one party rights but different jurisdiction rights to another party. Unclear as to whether The Hague convention applies.

Question 7

Jurisdiction - Hague Convention
Does the Hague Convention require that the agreement be in writing?

Answer 7

Yes

(Includes evidenced in writing)