The Hague Convention on Exclusive Choice of Court Agreements (ECC) is an international treaty that was adopted in 2005. The main aim of the ECC is to provide a framework for the recognition and enforcement of exclusive choice of court agreements in civil and commercial matters.
An exclusive choice of court agreement is a clause in a contract that designates a particular court as the forum for resolving disputes arising from that contract. Such agreements are commonly used in international commercial contracts to provide certainty and predictability in the event of a dispute.
The ECC applies to exclusive choice of court agreements concluded after the convention entered into force for a particular state. It applies to both choice of court agreements in favour of courts of contracting states and choice of court agreements in favour of non-contracting states.
One of the key provisions of the ECC is the obligation of contracting states to recognize and enforce exclusive choice of court agreements. This means that if a contract contains an exclusive choice of court agreement, and one of the parties brings a dispute to the designated court, the court in question must hear the case unless there are exceptional circumstances that would make it inappropriate to do so.
The ECC also provides for the recognition and enforcement of judgments issued by courts that have jurisdiction under an exclusive choice of court agreement. This means that a judgment rendered by a court in compliance with an exclusive choice of court agreement will be recognized and enforced in other contracting states.
One of the main benefits of the ECC is that it provides greater certainty and predictability for parties engaged in international commerce. By ensuring that exclusive choice of court agreements are recognized and enforced across multiple jurisdictions, the ECC promotes legal certainty and reduces the risk of costly and time-consuming disputes.
In conclusion, the Hague Convention on Exclusive Choice of Court Agreements is an important international treaty that provides an effective framework for the recognition and enforcement of exclusive choice of court agreements. By promoting legal certainty and reducing the risk of disputes, the ECC helps to facilitate international commerce and promote economic growth.