Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements

The Journal of International Dispute Settlement 2020 (2), pp.295-318. Oxford University Press

33 Pages Posted: 29 Apr 2020 Last revised: 30 Oct 2020

See all articles by Wei Cai

Wei Cai

Law School, Sun Yat-sen University

Jonathan Kolieb

Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law

Date Written: March 2, 2020

Abstract

In September 2017, China signed the Hague Convention on Choice of Court Agreements. There are no obstacles preventing China from ratifying the Convention. However, the possible reservations China may declare appear to be a key concern for the success of the Convention. This article identifies the key conflicts between the Convention and Chinese law and practice, and analyses the pros and cons of some possible reservations the Chinese authorities may consider when ratifying the Convention. China’s ratification of the Convention would have a positive impact on the global recognition and enforcement of foreign civil and commercial judgments. Although China may have some specific concerns (e.g. national security) in its recognition and enforcement of particular foreign judgments, it is desirable that China adopts a pragmatic approach and minimize the number and extent of its reservations to the Convention.

Keywords: Hague Convention on Choice of Court Agreements; Reservations; China

Suggested Citation

Cai, Wei and Kolieb, Jonathan, Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements (March 2, 2020). The Journal of International Dispute Settlement 2020 (2), pp.295-318. Oxford University Press, Available at SSRN: https://ssrn.com/abstract=3566946 or http://dx.doi.org/10.2139/ssrn.3566946

Wei Cai (Contact Author)

Law School, Sun Yat-sen University ( email )

No. 135 Xigangxi Road
Guangzhou, 510275
China

Jonathan Kolieb

Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law ( email )

Melbourne
Australia
61399251553 (Phone)

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