Hague Convention on Choice of Court Agreements: courting the freedom of choice

This article is contributed by JWS Asia Law Corporation, Singapore.

Our article titled “Hague Convention on Choice of Court Agreements: Courting the Freedom of Choice” was on the cover of, as well as a featured article, in the February 2016 issue of the Singapore Law Gazette, the official publication of the Law Society of Singapore.

This article explores the implications of Singapore’s signing and proposed implementation of the Hague Convention on Choice of Court Agreements, which is viewed as the litigation equivalent of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The Hague Convention is a significant judgment-recognition convention which strengthens the enforceability of Singapore court judgments abroad (in particular the EU) and facilitates a more conducive legal environment for cross-border business. The EU and Mexico have already ratified the Hague Convention and so commercial parties operating in or trading between the EU (excluding Denmark), Singapore and Mexico will be the major beneficiaries to the Hague Convention.

The Hague Convention also provides an opportunity to bolster the ASEAN Economic Community which was established in 2015, and provides a convenient ready-made vehicle for harmonisation of dispute resolution rules within the ASEAN member states.

JWS Asia is a boutique Singapore law practice that provides a one-stop service to the asset management and investment funds sector in Singapore, offering a full range of legal services to clients across all stages of development - from fund structuring formation and marketing, to advisory services such as licensing, corporate structuring, transactional and dispute resolution services.

JWS Asia offers clients deep local knowledge combined with access - through our "best friends" referral relationship - to the wide network and global expertise of Simmons & Simmons, a leading international law firm.

Authors:

Mohammed Reza (JWS Asia Law Corporation, Singapore)
T +65 6831 5582
E mohammed.reza@jwsasialaw.com.sg

Justin Kwek (JWS Asia Law Corporation, Singapore)
T +65 6831 5598
E justin.kwek@jwsasialaw.com.sg