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.