The Hague Convention on the Choice of Court: Critical appraisal
This paper makes a critical appraisal of the provisions of the 2005 Hague Convention on the Choice of Court Agreements from the perspective of Serbian Law. First, it is noted that the Convention does not apply to submission and does not regulate the effects of belated invocation of the existence of...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2012-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791203121S.pdf |
| Summary: | This paper makes a critical appraisal of the provisions of the 2005 Hague Convention on the Choice of Court Agreements from the perspective of Serbian Law. First, it is noted that the Convention does not apply to submission and does not regulate the effects of belated invocation of the existence of the choice of court agreement before the court not chosen. It also does not prevent that the reverse situation, that the party invokes nullity of the choice of court agreement past the initial stage in the proceedings. Secondly, the res iudicata effect of domestic arbitral awards seems to be jeopardized by the provisions authorizing the court of the contracting state to refuse to recognize and enforce a judgment of the other contracting state based on the choice of court agreement, solely if the judgment is inconsistent with a judgment given in the requested state (and not if it is inconsistent with an arbitral award given in the requested state). Thirdly, and most importantly, great number of exclusions from the scope of application and some very broad grounds for non-recognition of foreign forum selection clauses makes this instrument less attractive than it should be. |
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| ISSN: | 0550-2179 2406-1255 |