A Research For China To Formulate Reservations Limiting Jurisdiction To Convention On Choice Of Court Agreements

The 2005 "Convention on Choice of Court Agreements" in The Hague is the most important convention in the 21st century for the international community to regulate exclusive choice of court agreements.China has participated in negotiations throughout the process.Its rules reflect the concerns of China's interests.The content of the Convention and the existing legal system in China do not exist at all.opposition.However,in the specific rules of the jurisdiction system of the agreement,there is a conflict between China's current legal system and the provisions of the Convention,which is mainly reflected in whether the jurisdiction of foreign-related agreements is subject to practical contact requirements,exclusive jurisdictional matters,and jurisdictional matters of grades.These three restrictions are stipulated in China.There is still a need for existence in the law,which should not be modified for the time being.Therefore,China's proposed limitation of jurisdiction over the Convention is the only way.China has formulated limited jurisdiction over the Convention and retained the spiritual core consistent with the theory of national sovereignty,freedom of contract,and the theory of interest equity.Its legal basis mainly includes the Vienna Convention on the Law of Treaties,the Treaty Reservation Practice Guide,and the Convention on Choice of Court Agreements..Article 19-23 of the Vienna Convention on the Law of Treaties allows a State to make reservations to international treaties;Article 3.1.5.5 of the Treaty Reservation Practice Guide allows a State to make reservations to the Convention based on specific rules of its domestic law;Articles 19 and 21 of the Convention on Choice of Court Agreements allow States parties to formulate reservations on limited jurisdiction based on actual contact requirements and specific domestic matters.China's formulation of a limited jurisdiction over the Convention has retained good legal effects and positive influence on China's treaty practice,domestic judicial practice,and international commercial arbitration.When China imposes restrictions on the jurisdiction of the Convention,it must adhere to the principle that the treaty must abide by the principle,the principle of the international community,and the principle of equality,mutual benefit and mutual trust.The content of the reservation should clearly define the connotation of the actual contact place,the limits of exclusive jurisdiction,and the specific scope of the level jurisdictional restriction.Procedural adherence to the principle of transparency,focus on reasoning,taking into account China's treaty reservation practices and extraterritorial retention practices and establish a long-term review mechanism.