Hague Choice of Court Convention

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

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…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

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…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Lauterpacht Centre for International Law in the University of Cambridge) and (The George Washington University Law School)/ /1 Comment

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…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention

(Permanent Bureau of the Hague Conference on Private International Law)/ /2 Comments

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…

Belt Road Initiative, China, Hague Choice of Court Convention, ICC, Latin America, Mexico, Peru

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /1 Comment

Introduction In October 1865, Sir Robert Hart, a former British diplomat and by then an official in the Qing Chinese Government, wrote to Empress Dowager Cixi expressing his opinion that China should desperately seek progress through investments in mining, the telegraph, the telephone and especially in railways. The reaction of Empress Cixi’s closest advisors was…