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CHAPTER 25 Jurisdiction under the Hague Convention on Choice of Court Agreements

Civil Jurisdiction and Judgments

Page 541 CHAPTER 25 Jurisdiction under the Hague Convention on Choice of Court Agreements 25.01 Introduction The 2005 Hague Convention on Choice of Court Agreements is an international Convention which makes provision for (i) the exercise of jurisdiction by a court which has been chosen in accordance with the requirements of the Convention, (ii) the non-exercise of jurisdiction by a court when another court has been chosen in accordance with the Convention, and (iii) the recognition and enforcement of judgments given by a court which had been chosen in accordance with the requirements of the Convention. It does not provide for (iv) for the non-recognition of foreign judgments which have been obtained by a party in breach of the provisions of the Convention, or (v) the restraining of a person who is bringing proceedings in a foreign court in breach of the provisions of the Convention. This Chapter concerns itself with items (i) and (ii). Item (iii) is examined in Chapter 36 ; item (iv) in Chapters 34 and 36, and item (v) in Chapter 28 .

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