The Hague Convention on Choice of Courts Agreements – A Commentary, Edward Elgar, 2025.
This Commentary provides comprehensive analysis of the 2005 Hague Convention on Choice of Court Agreements that came into force in October 2015. Drawing on the contributors’ expertise from a range of legal traditions, including Commonwealth and US common law, as well as French and German civil law traditions, it presents an article-by-article examination of the Convention. Each provision is carefully examined using diverse perspectives to ensure an in-depth understanding of its history, context and meaning. The Commentary outlines past scholarly research and controversies arising from interpretation as well as indicating avenues for future study.
Key Features:
● Provides an international and comparative perspective on the interpretation of the Convention
● Includes expansive reference to case law and legal literature, in a variety of languages, from across the globe
● Analyses the ways in which the Convention is implemented in several jurisdictions
● Presents insights into the negotiation of the Convention and the Hague Conference process
This Commentary is a crucial reference tool for practitioners in international dispute resolution and private international law. It is also a vital resource for scholars and students specialising in international dispute resolution in Asia, Europe, and the Americas.
This excellent new commentary offers a detailed article-by-article in-depth analysis of the 2005 Hague Convention on Choice of Court Agreements (in force since 2015). It largely benefits from their authors’ different backgrounds in civil and common law jurisdictions, their rich experience in international contract practice, their intimate understanding of the Hague Conference process and, particularly valuable, their personal experience with the negotiations of the Convention. For actors in its Contracting States (including the UK, the EU, and e.g. Switzerland) it paves the way for a uniform interpretation of the Convention and should hereby largely contribute to the predictability of the forum.
– Thomas Kadner Graziano, University of Geneva, Switzerland
This book contains a critical commentary, article-by-article, of the 2005 Hague Convention on Choice of Court Agreements that takes into account not only the intentions of the negotiators to the extent discernible from the preparatory materials, but also stresses the practical problems of interpretation that national courts and litigants are likely to face arising from the many issues left open in the Convention. Hailing from civil law, US and Anglo-Commonwealth common law traditions, the authors present possible solutions to questions not directly answered by the Convention while aiming to avoid potential bias from national law viewpoints. They do not always speak with one voice, but the diversity of their views, enriched by the vast underlying preparatory and academic sources referenced in the book, renders this book a valuable research resource for judges, practitioners and academics dealing with legal issues arising from the Convention.
– Yeo Tiong Min, Singapore Management University, Singapore
The Hague Convention on Choice of Courts Agreements
The Hague Convention on Choice of Courts Agreements – A Commentary, Edward Elgar, 2025.
This Commentary provides comprehensive analysis of the 2005 Hague Convention on Choice of Court Agreements that came into force in October 2015. Drawing on the contributors’ expertise from a range of legal traditions, including Commonwealth and US common law, as well as French and German civil law traditions, it presents an article-by-article examination of the Convention. Each provision is carefully examined using diverse perspectives to ensure an in-depth understanding of its history, context and meaning. The Commentary outlines past scholarly research and controversies arising from interpretation as well as indicating avenues for future study.
Key Features:
● Provides an international and comparative perspective on the interpretation of the Convention
● Includes expansive reference to case law and legal literature, in a variety of languages, from across the globe
● Analyses the ways in which the Convention is implemented in several jurisdictions
● Presents insights into the negotiation of the Convention and the Hague Conference process
This Commentary is a crucial reference tool for practitioners in international dispute resolution and private international law. It is also a vital resource for scholars and students specialising in international dispute resolution in Asia, Europe, and the Americas.
This excellent new commentary offers a detailed article-by-article in-depth analysis of the 2005 Hague Convention on Choice of Court Agreements (in force since 2015). It largely benefits from their authors’ different backgrounds in civil and common law jurisdictions, their rich experience in international contract practice, their intimate understanding of the Hague Conference process and, particularly valuable, their personal experience with the negotiations of the Convention. For actors in its Contracting States (including the UK, the EU, and e.g. Switzerland) it paves the way for a uniform interpretation of the Convention and should hereby largely contribute to the predictability of the forum.
– Thomas Kadner Graziano, University of Geneva, Switzerland
This book contains a critical commentary, article-by-article, of the 2005 Hague Convention on Choice of Court Agreements that takes into account not only the intentions of the negotiators to the extent discernible from the preparatory materials, but also stresses the practical problems of interpretation that national courts and litigants are likely to face arising from the many issues left open in the Convention. Hailing from civil law, US and Anglo-Commonwealth common law traditions, the authors present possible solutions to questions not directly answered by the Convention while aiming to avoid potential bias from national law viewpoints. They do not always speak with one voice, but the diversity of their views, enriched by the vast underlying preparatory and academic sources referenced in the book, renders this book a valuable research resource for judges, practitioners and academics dealing with legal issues arising from the Convention.
– Yeo Tiong Min, Singapore Management University, Singapore