Short Reads

Singapore ratifies the Hague Convention on choice of court agreements

Singapore ratifies the Hague Convention on choice of court agreements

Singapore ratifies the Hague Convention on choice of court agreements

01.07.2016 NL law

On 2 June 2016, the Singapore Ministry of Law announced that Singapore has ratified the Hague Convention on Choice of Court Agreements.

The Convention was concluded in June 2005 by the Hague Conference on Private International Law, but did not enter into force until 1 October 2015. The ratification requirements for the Convention were met by the EU’s ratification in June 2015. The Convention became binding on Mexico and all EU member states (except Denmark) from 1 October 2015 onwards and will come into effect for Singapore on 1 October 2016.

 

The Hague Convention on Choice of Court Agreements

The formal scope of the Convention is similar to the scope of the Brussels I recast regulation, but the Convention is only applicable to exclusive choice of court agreements, between professional parties. Like the Brussels I recast regulation, the Convention contains a regime for the recognition and enforcement of judgments. This regime is limited to judgments that are given by competent courts that have jurisdiction under the Convention.

For the Convention to be applicable, the chosen court has to be one from a contracting state. As most of the contracting states of the Convention are also member states of the EU, the exclusive appointment of a court of an EU member state would result in overlap between the two instruments. How is this dealt with? The Convention does not affect the application of the Brussels I recast regulation in  ‘internal’ EU cases. If a party domiciled in the Netherlands enters into an exclusive choice of court agreement with a French company, appointing the Amsterdam District Court as the competent court, the Brussels I recast regulation applies. However, should (at least) one of the parties appointing the Amsterdam District Court be domiciled outside the EU, but within a contracting state, the choice of court agreement is governed by the Convention. Consequently, for exclusive choice of court agreements regarding the Netherlands (and any other EU member state), the Brussels I recast regulation will remain applicable to all cases involving only parties domiciled in EU member states. In similar cases in which one or more parties are domiciled in Mexico or Singapore, the Convention will apply.

Looking forward

Much of the future impact of the Convention will depend on whether the US  ratifies the Convention or not. Ratification by the EU (and, to a lesser extent, Singapore) certainly increases the likelihood of the US doing so, but  its position remains uncertain. Should the US indeed ratify, it is likely that the appetite of other countries to join the Convention will increase and – as the Convention also provides for a regime of recognition and enforcement – it could become a serious contender for cases currently dealt with by the New York Convention on the recognition and enforcement of arbitral awards. Until then, however, the applicability of the Convention is limited to the EU (except for Denmark), Mexico and – from 1 October 2016 onwards – Singapore.

Given that the EU, and not the member states themselves, negotiated, entered into and ratified the Convention, it is unclear what the impact of the recent vote for a ‘Brexit’ will be on the applicability of the Convention to the United Kingdom. Will the United Kingdom remain a party or no longer consider itself bound by the Convention in light of the referendum to leave the EU?  Time will tell.

The post “Singapore ratifies the Hague Convention on choice of court agreements” is a post of www.stibbeblog.nl

Team

Related news

16.01.2020 NL law
Wetgever, koester het burgerlijk procesrecht

Articles - Civiele procedures worden waarschijnlijk niet sneller en eenvoudiger met het Conceptwetsvoorstel modernisering en vereenvoudiging bewijsrecht en de Tijdelijke Experimentenwet rechtspleging. De wetsvoorstellen gaan uit van onjuiste veronderstellingen over het verloop van civielrechtelijke procedures en overspannen verwachtingen van de rol van de civiele rechter als alvermogende geschilbeslechter.

Read more

09.01.2020 BE law
Stibbe benoemt nieuwe Counsels en Of Counsel

Inside Stibbe - Brussel, 9 januari 2020 – Het Brusselse kantoor van Stibbe benoemt Delphine Gillet (EU-recht en mededingingsrecht), Jan Proesmans (arbeids- en pensioenrecht) en Sophie Bourgois (geschillenbeslechting) tot Counsel en Elisabeth Baeyens (geschillenbeslechting) tot Of Counsel. De nieuwe benoemingen gaan in vanaf 1 januari 2020.

Read more

15.01.2020 NL law
The Dutch scheme - a summary of the upcoming new restructuring tool

Short Reads - As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“). We expect this highly-anticipated bill to enter into force by this summer. The Dutch Scheme combines features from the UK Scheme of Arrangement and the US Chapter 11 proceedings. Below, we summarize certain key aspects of the Dutch Scheme.

Read more

09.01.2020 BE law
Stibbe nomme trois Counsels et un Of Counsel

Inside Stibbe - Bruxelles, le 9 janvier 2020 – Le bureau bruxellois de Stibbe a nommé Delphine Gillet (droit européen et de la concurrence), Jan Proesmans (droit social et des pensions) et Sophie Bourgois (droit des litiges) en tant que Counsels. Elisabeth Baeyens (droit des litiges) est, quant à elle, nommée Of Counsel. Les nouvelles nominations ont pris effet le 1er janvier 2020.

Read more

09.01.2020 BE law
Stibbe announces new Counsel and Of Counsel appointments

Inside Stibbe - Brussels, 9 January 2020 – The Brussels office of Stibbe has promoted Delphine Gillet (EU/Competition), Jan Proesmans (Employment, Benefits, and Pensions) and Sophie Bourgois (Dispute Resolution) to Counsel and Elisabeth Baeyens (Dispute Resolution) to Of Counsel. The new appointments have taken effect on 1 January 2020.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring