Corrs Chambers Westgarth
2 Experts
7 Contributions by Corrs Chambers Westgarth Experts
PRACTICE NOTES
This Practice Note examines how the 2005 Hague Convention on Choice of Court Agreements—which provides regimes for allocating court jurisdiction and for the recognition and enforcement of judgments—will operate in the UK after the end of the Brexit implementation period, viewed from the perspectives of both the UK and the EU Member States. The Convention applies solely to exclusive choice of court agreements.
Definitions
This Practice Note uses the following definitions:
Hague Convention—Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague
ECA 1972—European Communities Act 1972
EU(W)A 2018—European Union (Withdrawal) Act 2018
EU(WA)A 2020—European Union (Withdrawal Agreement) Act 2020
exit day—is defined in EU(W)A 2018, s 20
implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term. The EU’s preferred term for this period is the
Dispute Resolution
PRACTICE NOTES
This Practice Note reviews the application of the Hague Convention on Choice of Court Agreements by contracting states to the convention. It sets out the parties to the convention, as well as those states that have signed the convention but have not yet ratified it. It also outlines how the convention operates for contracting states. For guidance on further elements of the convention, see the following Practice Notes:
Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations
Hague Convention on Choice of Court Agreements—scope
Hague Convention on Choice of Court Agreements—jurisdiction
Hague Convention on Choice of Court Agreements—enforcement
Definitions
This Practice Note uses a number of definitions:
Hague Convention on Choice of Court Agreements—HCCH Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague
EU(W)A 2018—European Union (Withdrawal) Act 2018
EU(WA)A
Dispute Resolution
PRACTICE NOTES
This Practice Note examines the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the ). The convention establishes a framework for enforcing international civil or commercial judgments. The Note outlines the convention’s background, its status, and the date on which it took effect. It then sets out the convention’s scope (Articles 1–3), together with the pathways for recognising judgments (Articles 4–7). It next addresses interpretation and application, including procedure and costs (Articles 8–15), and concludes with the general clauses on declarations, the convention’s operation in non-unified systems, and its relationship with other international instruments. For the text of this convention and other documents...
Definitions
applicant—a party applying for recognition or enforcement under the convention
Hague Choice of Court Convention—HCCH Convention of 30 June 2005 on Choice of Court
Dispute Resolution
PRACTICE NOTES
Updated in January 2025
Introduction
Australia’s resilient economy, a talented multilingual labour force, favourable tax settings and a predictable political climate position it as a prime destination for overseas capital. Businesses also benefit from comparatively modest establishment costs, proximity to the Asia–Pacific, a dynamic finance industry, and a time zone bridging the United States market close and Europe’s opening. Before the global coronavirus (COVID‑19) outbreak, Australia ranked among the quickest‑expanding economies in the Organisation for Economic Co‑operation and Development (OECD). Relative to many OECD peers, it managed the immediate health and economic shocks of COVID‑19 effectively. As elsewhere in the OECD, though, the short‑run effects of domestic and international stimulus during the pandemic years—together with external influences such as the war in Ukraine and local issues including COVID‑19‑related construction backlogs—have driven stronger inflationary pressures in Australia and prompted a period of firm monetary
Commercial
PRACTICE NOTES
This Practice Note reviews the Hague Convention on Choice of Court Agreements, which governs both jurisdiction and the recognition and enforcement of judgments. It outlines the scope of the Hague Convention on Choice of Court Agreements and the need for an international case anchored by an exclusive choice of court agreement. It also examines issues lying outside the Convention’s reach, whether by specific exclusions within the text or through declarations made by contracting states. The Practice Note considers how the Hague Convention on Choice of Court Agreements applies in the UK. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi supplies detailed commentary on each article.
When did the Convention come into force?
The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico, followed by the EU. In
Dispute Resolution
PRACTICE NOTES
This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and
Dispute Resolution
PRACTICE NOTES
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention.
Does the Convention
Dispute Resolution
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