Choice of Court Agreements Under an International Civil Law Act

(2018) 34(3) Journal of Contract Law 186

UWA School of Law Research Paper No. 2018

26 Pages Posted: 30 Apr 2018

See all articles by Michael Douglas

Michael Douglas

The University of Western Australia Law School

Date Written: April 25, 2018

Abstract

The Convention on Choice of Court Agreements, promulgated by the Hague Conference on Private International Law, aims to ensure the effectiveness of choice of court agreements between parties to international commercial transactions. In late 2016, Parliament’s Joint Standing Committee on Treaties recommended that Australia accede to the Convention through a proposed ‘International Civil Law Act’. This article aims to explain how accession to the Convention would affect Australian law. It is argued that, although the Convention largely aligns to the current approach to choice of court agreements in Australian private international law, there are important differences that deserve attention.

Keywords: Hague Convention, Choice of Court, Jurisdiction, Foreign Judgments, Private International Law

Suggested Citation

Douglas, Michael, Choice of Court Agreements Under an International Civil Law Act (April 25, 2018). (2018) 34(3) Journal of Contract Law 186; UWA School of Law Research Paper No. 2018. Available at SSRN: https://ssrn.com/abstract=3168967

Michael Douglas (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://www.web.uwa.edu.au/person/michael.c.douglas

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