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Initiative
AT A GLANCE
Adopted:
Status:
Although the draft convention has recently been dramatically reduced in scope to focus simply on exclusive choice of court agreements, in 2004 the Special Commission “reiterated the importance of the Hague Conference providing a forum for the discussion of private international law issues raised by the use of electronic means of communications.” (Conclusions of the Special Commission held from 6-8 April 2004 on General Affairs and Policy of the Conference)

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INITIATIVE:

Hague's Future Convention on International Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("Judgments Project")
Description

In its discussions on the Judgments Project, the Hague Conference has considered how an updated international convention on jurisdiction should treat online activities.

With respect to the online environment, questions that have attracted attention have included business to business contracts (with issues involving contracts concluded online and performed offline, contracts concluded and performed online, and identification and location of the parties); consumer contracts; torts; and branch offices and other regular commercial activities.

(Due to difficulties in negotiations, the scope of this draft Convention has been dramatically reduced, with the narrower initiative now renamed the Hague Conference's Draft Convention on Exclusive Choice of Court Agreements.)

Why is this initiative significant?

If this treaty were to go through, it would provide an extensive international judicial system for the resolution of private disputes concerning Internet matters.

Still, a dispute would be brought to a national-level court, with an arrangment in place for other countries to honor that country's judgment. (The question then becomes, "Which country's law applies?" if disputing parties have not arranged this choice of law in advance contractually.)



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