Research On Expressed Jurisdiction Agreement System In International Civil And Commercial Litigation

The expressed jurisdiction agreement is one of important systems over international civil and commercial jurisdictions. Convention on Choice of Court Agreements ("the Convention"), which was passed by Hague Conference on Private International Law in June, 2005, is the most significant convention to date in the international community in areas of jurisdiction of courts and recognition and enforcement of foreign judgments. This Convention is based on Exclusive choice of court agreements ("the Exclusive Agreements"), and uniformly rules the jurisdiction of chosen court and obligations of a court not chosen. The discussion of the article is begun with it.The full text altogether divides into four parts:Chapter 1, the Drawing-up and Sense of the Convention, is the general introduction of the Convention. In this Charter, the sense of the Convention is pointed out that, it established the Exclusive Agreements based on party autonomy specially.Chapter 2, Exclusive Choice of Court Agreements, is a comparative study on the Exclusive Agreements, which thoroughly deals with the form requirement and exclusive requirement.Chapter 3, the Jurisdiction under the Exclusive Agreements, stresses the jurisdiction of chosen court, obligations of a court not chosen, as well as the declarations limiting jurisdiction.Chapter 4, the Perfection of Expressed Jurisdiction Agreement System with Foreign Elements in China, is under the ground of the former discussion, is the self-criticism to our country expressed jurisdiction agreement system. Some suggestions are also put forward to ratification of this system.