On The "select The Core Provisions Of Court Agreements Convention

This thesis starts with an analysis, based on the discussion through the draftingwork, of the nature of the Hague Convention on Choice of Court Agreement, whichexpresses the viewpoint that the new Hague Convention has a character of a "mixed"convention.The second chapter stresses the essence of the exclusive choice of courtagreement, including its effect, formal and substantive validity, the consideration ofpublic policy and the requirement of connection between the dispute and the chosenforum. All these provisions of the Convention reflect the principle of self-governanceof the parties in the civil and commercial disputes. The pros and cons of theConvention are also discussed in this chapter.The next two parts cover the jurisdiction of the chosen court, the obligations of acourt not chosen and the recognition and enforcement. Forum Non Conveniens andLis Pendens are briefly introduced and why these two frequently-used mechanisms insolving the conflict of judicial competence are not invoked in the Convention isexplained. The review of the merits and the grounds for refusal of recognition andenforcement are addressed here, too.The last section of the thesis is relatively practical, which is mainly about thecurrent regulations of the choice of court agreement in Chinese law as well as itsproblems. The author also put forward some suggestions to prepare China for theratification of the Convention.