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Jurisdiction Under the Hague Choice of Courts Convention: Its Likely Impact on Australian Practice

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Abstract:

In international commercial cases, it is widely agreed that it is desirable to uphold the parties' contractual choices, including choices of court and of arbitration as a method of dispute resolution. This is reflected in the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958), to which Australia is a party. Australian courts are more likely to enforce international arbitration agreements by staying proceedings brought in breach of those agreements than they are to enforce choice of foreign court agreements. This article considers the jurisdictional provisions of the Hague Convention on Choice of Courts Agreements 2005. It concludes that the practices of the Australian courts in enforcing choice of court agreements would be improved if Australia implemented the Hague Choice of Courts Convention.

Document Type: Research Article

Publication date: August 1, 2009

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