cover image: Hague Convention on Choice of Court Agreements 2008

20.500.12592/d023vb

Hague Convention on Choice of Court Agreements 2008

22 Mar 2021

[6] For the substance of the Convention, section 1(3) of the draft refers to the Explanatory Report on the 2005 Hague Choice of Court Agreements as an aid to interpretation to clarify how the Convention is intended to apply. [...] Among the differences between the Convention and Canadian law that were identified are: the Convention establishes a presumption that the choice of court clause is exclusive the notion of forum non conveniens is limited under the Convention the Convention would allow a court to reduce the damages awarded under certain conditions rules for service outside the jurisdiction may require modification i. [...] It [2021-03-22 5:03:50 PM] ULCC - Hague Convention on Choice of Court Agreements 2008 should include members of the Canadian delegation to the negotiations of the Convention in The Hague, members of the Working Group on the Uniform Enforcement of Foreign Judgments Act an. [...] That date is the first day of the month following the expiration of three months (i) after the deposit by Canada of the second instrument of ratification, acceptance, approval or accession referred to in article 31, or; (ii) in the case of Canada’s subsequent ratification or accession to the Convention, after the deposit of its instrument of ratification or accession; or (iii) thereafter, for a pr. [...] If a provision of this Act, or a provision of the Convention that is given the force of law by section 6, is inconsistent with any other Act, the provision prevails over the other Act to the extent of the inconsistency.
Pages
7
Published in
Canada