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Jurisdiction under the Hague Convention on choice of court agreements: a critique

Citation

Garimella, SR and Sooksripaisarnkit, P, Jurisdiction under the Hague Convention on choice of court agreements: a critique, Indian Journal of International Law pp. 1-28. ISSN 0019-5294 (2018) [Refereed Article]

Copyright Statement

Copyright The Indian Society of International Law 2018

DOI: doi:10.1007/s40901-018-0081-z

Abstract

The Convention of 30 June 2005 on Choice of Court Agreements entered into force in 28 Contracting States, including Mexico and all the Member States of the European Union, except Denmark, on 1 October 2015. Singapore ratified the Convention on 2 June 2016 and the Convention applies between Singapore and the other Contracting States from 1 October 2016. The Convention was drafted with ambitious goals to increase judicial co-operation on issues of jurisdiction and recognition and enforcement of foreign judgments. Having examined provisions of the Convention relation to the jurisdictional issue, however, the authors argue in this article that these provisions are likely to produce outcomes that are in stark contrast with the overall goal of the Convention.

Item Details

Item Type:Refereed Article
Keywords:choice of court agreement, jurisdiction, forum non conveniens, Hague Convention
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Conflict of Laws (Private International Law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
ID Code:125768
Year Published:2018
Deposited By:Maritime and Logistics Management
Deposited On:2018-05-03
Last Modified:2018-07-26
Downloads:0

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