"choice Of Court Agreements Convention Rules Study

Trade is greatly facilitated when international parties can make contracts. safe in the knowledge that their disputes will be recognized and resolved in the. forum of their choice. The Hague Convention on Choice of Court Agreements (HCCCA), signed by member states of the Hague Conference on Private International Law in June 2005, is an important step in harmonizing national conflicts of law rules that sometime strain to manage the burgeoning traffic in transnational litigation generated by global commerce. The Convention not only requires that courts in member states assume jurisdiction pursuant to certain forum selection agreements between businesses around the world, but also lays out roles for the recognition of judgrnents thereby entered.This article consists five chapters as follows:The first chapter details on the basic problems of choice of court agreements, involving the conception of choice of court agreement, the classification of it, its effect, formal and substantive validity, the consideration of public policy and the requirement of connection between the dispute and the chosen forum.The second chapter primarily focuses on the application of The Hague Convention on Choice of Court Agreements, the convention mainly apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters. In this part,the author analyses the qualification of applying the convention,the situation that the convention can not be applied and the questions that connect with the application of the convention.The next two parts cover the jurisdiction of the chosen court, the obligations of a court not chosen and the recognition and enforcement. Forum Non Convenience and Lis Pendens are briefly introduced and why these two frequently-used mechanisms in solving the conflict of judicial competence are not invoked in the Convention is explained. The review of the merits and the grounds for refusal of recognition and enforcement are addressed here, too.In the last part, the author explores and analyses China's legislation stares on relevant problems, and then points out the limitations and shortages of the existing system. The author suggests as guidelines, we should actively refer to the, successful experiences of the draft Convention on Choice of Court Agreements, give attention to the principles of international harmonization, equality of the Chinese nationals and aliens so as to promote the smooth development of international civil and commercial intercourse in China.