In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so, that they should denounce the Convention.  Two good friends, Trevor Hartley and João Ribeiro-Bidaoui, recently responded on Kluwer Arbitration Blog…

This post continues from Part I. Party Autonomy and Consent:  How the Convention Undermines Them My previous posts argued that the Convention undermines vital protections that existing law provides for party autonomy and genuine consent.  In response, Mr. Ribeiro argues that the Convention advances notions of party autonomy: it supposedly serves to “enable parties to…

Gary Born, in a three-part series in Kluwer Arbitration Blog last month, addressed why States should not participate in the 2005 Hague Convention on Choice Of Court Agreements (“Hague Convention”). We assume that readers are familiar with Mr. Born’s posts (available as Part I, Part II, and Part III), and so we will confine ourselves to recalling this…

The HCCH 2005 Choice of Court Convention (“Convention“), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born in a series of posts published on the Blog (see Part I, Part II, and Part III). In the series, Born dramatically suggests that states bound by the Convention should denounce…

The 2005 Choice-of-Court Agreements Convention (“Convention”) has been widely promoted by the Hague Conference on Private International Law (“Hague Conference”) and others.  This post continues the discussion in two prior posts (Part I and Part II) in this series which argued that it was inappropriate to transpose the New York Convention’s basis structure and terms…

The 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously endorsed by the Hague Conference on Private International Law (“Hague Conference”) and others as an alternative to the New York Convention, appropriate for ratification by all states. The first post in this series discusses the Convention’s drafting history and proponents’ claim that the Convention ensures…

Over the past decade, the 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously promoted by the Hague Conference on Private International Law’s Permanent Bureau, the European Union and others.  The Convention has been endorsed as a global instrument, appropriate for ratification by all states, that establishes an alternative to international arbitration for the resolution…

In our post last month, we discussed the potential impact of Brexit on the choice of law to govern a contract and the law applicable to non-contractual claims. We also discussed that parties and party counsels should consider revisiting their choice of law strategies, but that in doing so, they should be conscious of the…

We make reference to the Kluwer Arbitration Blog post of 23 September 2016 by Sapna Jhangiani and Rosehana Amin, entitled ‘The Hague Convention on Choice of Court Agreements: A Rival to the New York Convention and a ‘Game-Changer’ for International Disputes?’. That blog concluded that the Hague Convention was potentially a game changer. We respectfully…

In a 2014 speech delivered in Sydney entitled “Commercial Courts and International Arbitration – Competitors or Partners?”, Michael Hwang SC, referring to the New York Convention on the Recognition and Enforcement of Arbitral Awards (‘New York Convention’), described the Hague Convention on Choice of Court Agreements (‘Hague Convention’) as “a sort of mini version of…