Study Of The Path Of China’s Acceding To The Hague Convention On The Choice Of Court Agreements

The Hague Convention on the Choice of Court Agreements aims to enhance international trade and investment through strengthening judicial cooperation.The Convention adopts a mixed model that covers not only the rights and obligations of the selected courts and the unselected courts and the manner in which they are exercised,the manner in which they are fulfilled,and the recognition and enforcement of the judgments rendered by the selected courts,with the intention of establishing a unified rule in the field of recognition and enforcement of foreign judgments.China has deeply involved in the negotiation of the Convention on the Choice of Court Agreements,and the content of the Convention is in the interests of our country as a whole.China is a major trading country in the world and under construction of the rule of law,and in the critical period of the implement of" the Belt and Road Initiatives " strategy,so we need to build an open foreign-related trial mechanism,to enlarge the international legal services market,and to promote the global flow of judgments,finally to provide a definite legal environment for the parties.The first part of this paper introduces the background and content of the Convention.The second part briefly summarizes the urgency and realistic feasibility of China’s accession to the Convention from the two aspects of joining the Convention in line with international trend and China’s interests.At the same time,the accession to the Convention is not simply signing and submitting documents,but also we need a comprehensive balance of international and domestic interests,and make some institutional arrangements.Next is the main part of the article,that is,the third and fourth parts.The third part of the article is about some aspects to which Chinese scholars are paying a lot attention,involving the applicable law of the choice of court agreement(the convention says it should be the law of the country where the selected court belong,but Chinese law think it is the law of the country where the suit is submitted);The convention restricts the parties by two rules-"public order"and "obvious injustice",and our country achieve this purpose through the "actual connection" principle;The article also analyzes an important shortcoming:There is no special regulation on the choice of court agreements in the format clause.The above is the third part of the article.The fourth part of the article contains the substantive differences between China’s domestic legislation and the convention.Then the author use of comparative analysis to identify their own advantages and disadvantages,and finally to put forward a path of China’s accession to the Convention.