The Feasibility Study Of China 's Entry Into The Hague Convention On Choice Of Court Agreements

Hague Convention on Choice of Court Agreements(hereinafter "the Convention") is the first universal convention on the recognition and enforcement of foreign judgements in the international community. Although the Hague Conference on Private International Law adopts only a narrow-scoped convention which recognizes and enforces judgment based on choice of court agreements, the adoption of the Convention itself was a huge breakthrough. On June 11, 2015, the EU formally deposited the instrument of ratification of the Convention which came into effect on October 1, 2015.The author has analyzed in this paper from several aspects the issue that whether China should ratify and accede to the Convention. Firstly, the author introduces the background and the process during which the Convention was formulated. Secondly,an analysis has been made with respect to the main content and core provisions of the Convention. Thirdly, the author has carried out an in-depth study on the issue of the feasibility of China’s accession to the Convention and argued that basic regime of the Convention and the Chinese legal system are substantially consistent with each other;accession to the Convention will provide China with a more effective approach of international judicial assistance. The paper has also discussed the possible challenges China might face after its accession to the Convention. Finally, the author concludes that it is pre-matured for China to accede to the Convention now and China should actively strengthen its effort of reform in a period of time in the future and prepare for the accession to the Convention.