Australia’s Accession to the Hague Convention on Choice of Court Agreements

38 Pages Posted: 31 May 2017 Last revised: 29 Nov 2018

See all articles by Brooke Marshall

Brooke Marshall

University of New South Wales (UNSW) - Faculty of Law & Justice

Mary Keyes

Griffith University - Griffith Law School

Date Written: February 21, 2017

Abstract

The Joint Standing Committee on Treaties has recommended that Australia accede to the Hague Convention on Choice of Court Agreements. The Convention seeks to ensure uniform treatment of ‘exclusive’ jurisdiction agreements internationally, and is in force in the European Union, Singapore and Mexico. This article considers the effect that the Convention will have on Australian courts’ treatment of exclusive jurisdiction agreements, which will largely be positive, and analyses Australia’s proposal for the Convention’s implementation. It also identifies shortcomings of the Convention and the proposal for its implementation, and recommends refinements to that proposal. The article concludes by underscoring the problems in the existing law that accession will not redress, some of which could and should be remedied in the legislation which will implement the Convention.

Suggested Citation

Marshall, Brooke and Keyes, Mary, Australia’s Accession to the Hague Convention on Choice of Court Agreements (February 21, 2017). Melbourne University Law Review, Vol. 41, No. 1, 2017, Available at SSRN: https://ssrn.com/abstract=2977929

Brooke Marshall (Contact Author)

University of New South Wales (UNSW) - Faculty of Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Mary Keyes

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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