Common use of Hague Convention Clause in Contracts

Hague Convention. The Hague Convention certainly applies only to unique59 exclusive agreements60 which select the courts of one country. An agreement which nominates the courts of more than one country as having “exclusive” jurisdiction is not exclusive under the Hague Convention. This leaves the effect of non-unique choice of court agreements to be resolved by the otherwise applicable regime.61 An agreement which nominates more than one court of the same country falls within the definition of an “exclusive” agreement under the Hague Convention. The national law of that country determines which of several selected national courts should have jurisdiction. 62 Both types of non-unique clause would therefore be effective under the Hague Convention, but only if both courts are in the same country.63

Hague Convention. The Hague Convention certainly applies only to unique59 exclusive exclu- sive agreements60 which select the courts of one country. An agreement which nominates nomi- nates the courts of more than one country as having “exclusive” jurisdiction is not exclusive ex- clusive under the Hague Convention. This leaves the effect of 357 non-unique choice of court agreements to be resolved by the otherwise applicable regime.61 re- gime.61 An agreement which nominates more than one court of the same country falls within with- in the definition of an “exclusive” agreement under the Hague Convention. The national law of that country determines which of several selected national courts should have jurisdiction. 62 jurisdiction.62 Both types of non-unique clause would therefore be effective under the Hague Convention, but only if both courts are in the same country.63