Analysis On Exclusivity Problems Of Choice Of Court Agreement

The choice of court protocol on exclusion problem whose theory status is getting higher and higher, the disquisitions source on the acceptability of the choice of court is an important means to solve the conflict of jurisdiction. And therefore the exclusive choice of court agreement has become an important aspect of the theory study. From the point of view of the laws of different countries, theory and practice, generally allowing parties to choose the court has become a common fact, But in an exclusive choice of court on the issue in some countries show a different side. 2005 Hague "Convention on Choice of Court Agreements" is a comprehensive international convention dedicated to the rules of jurisdiction by agreement of the first systematic and legislative spirit and achievements, which is worthy of all countries to learn and it entered into force in October 2015, also indicates that the process of unification of international civil and commercial jurisdiction is faster. And our current legislation on choice of court exclusive agreement standard does not specify, in judicial practice, some court interpretation also uneven levels. Improving China in this regard weak legislation will add benefit in practice. Through to determine the choice of court agreement exclusive standard, limit the choice of court agreement exclusive factors was studied, in-depth analysis to assess whether our country joined Hague court convention. Hope take little benefit for our country on legislation perfect of the choice of court agreement. Article body is divided into four parts:The first section provides an overview of the selection of related content of court agreement. On the one hand from a choice of court agreement elaborated the concept and development process, leads to exclusive choice of court agreement content. On the other hand about the 2005 Hague "choice of court agreement" exclusionary rule on choice of court agreements.The second part discusses the exclusive choice of court judgment standard protocols. First, the Court is to choose the law applicable to the agreement, described the current law concerning choice of court agreement applies internationally several major theoretical viewpoints and put forward their own views. Followed by the United States permissive- exclusive standard with the case to analyze. Finally, our country is in the judicial practice how to judge exclusive choice of court agreement by case and presented the author’s point of view.The third part is the limiting factor in the exclusive choice of court agreement.These limiting factors includes the principle of reservation of public order, the exclusive jurisdiction of the doctrine and the actual contact principle.Section IV is the analysis on the Chinese legislation and prospect of exclusive problem in the choice of court agreement. Firstly describe the legislative status of the agreement jurisdiction system and the exclusive problem of choice of court agreement, including the related rules of law of civil procedure in China in 2012 revised on choice of court agreements and the Hague Rules of court protocol to the Convention on the choice of comparison. Secondly, describe what obstacles, and countermeasures and suggestions for our country to ratify the Hague Convention..