The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 No. 1644

Interpretation of references to the Hague Convention on Choice of Court Agreements 2005 and its Contracting States

3.—(1) Section 1 (interpretation of references to the Conventions and Contracting States)(1) is amended as follows.

(2) In subsection (1), at the appropriate place insert—

““the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague(2);”.

(3) In subsection (3)—

(a) at the appropriate place insert—

““2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;”; and

(b) in the definition of “Contracting State”—

(i) at the end of paragraph (a) omit “and”;

(ii) at the end of paragraph (b) insert “and”; and

(iii) after paragraph (b) insert—

“(c) in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;”.

(4) In subsection (4)—

(a) for “the Brussels Conventions, or the Lugano Convention” substitute “the Brussels Conventions, the Lugano Convention, or the 2005 Hague Convention”;

(b) at the end of paragraph (a) omit “and”;

(c) at the end of paragraph (b) insert “; and”; and

(d) after paragraph (b) insert—

“(c) in accordance with Article 26 of the 2005 Hague Convention (which determines the relationship between the Brussels Conventions, the Lugano Convention, the Regulation and the 2005 Hague Convention).”.

(1)

Section 1 was amended by section 2 of the Civil Jurisdiction and Judgments Act 1991 (c. 12), S.I. 1989/1346, 1990/2591, 2000/1824, 2001/3929, 2007/1655, 2009/3131, 2011/1215, 2012/1770, 2012/1809 and 2014/2947.

(2)

For the text of the Convention see Annex 1 to Council Decision 2009/397/EC of 26th February 2009 on the signing on behalf of the European Community of the Convention on Choice of Court Agreements OJ No. L 133, 29.5.2009, p1.