Hague Convention On Jurisdiction Agreement

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Hague Convention On Jurisdiction Agreement

A state may declare that its courts may refuse to rule on disputes that are subject to an exclusive court order where there is no connection between the court and the parties or the dispute outside the seat of the elected court. Overall, EU approval of the Convention would complement the objectives underlying EU powers allocation rules by creating a harmonised set of EU rules for third countries parties to the convention. 1. This Convention must, as far as possible, be interpreted as compatible with other treaties in force for contracting states, whether they were concluded before or under this Convention. 2. This Convention does not affect the application of a treaty by a contracting state, whether concluded before or under this Convention, where neither party is established in a contracting state that is not a party to the treaty. 3. This Convention does not affect the application by a contracting State of a treaty concluded for that State party prior to the entry into force of this Convention if the application of this Convention is inconsistent with that contracting state`s obligations to a non-party state. This paragraph also applies to contracts that reverence or replace a treaty concluded for that State party prior to the entry into force of this Convention, unless the revision or replacement leads to further contradictions with this Convention. 4. This agreement does not affect the application of a treaty, whether concluded before or after this Convention, by a contracting State for the purpose of recognizing or enforcing a court decision of a contracting state that is also a party to this treaty.

However, the judgment is not recognized or enforced to a lesser extent than under this Convention. 5. This Convention does not affect the application of a treaty by a contracting state which, on a particular issue, regulates the jurisdiction, recognition or enforcement of decisions, even if it is concluded under this Convention and even if all the States concerned are parties to this Convention. This paragraph applies only if the State Party has made a declaration on the treaty under this paragraph. In the case of such a declaration, other contracting states are not required to apply this Convention to this specific issue, to the extent that it is incorrect when an exclusive forum agreement refers to the courts or one or more specific courts of the State party that made the declaration.