Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Switzerland accedes to the HCCH Choice of Court Convention and files a declaration on non-exclusive choice of court agreements

September 19, 2024/in News/by Mayela Celis
image_pdfimage_print

Yesterday (18-09-2024), Switzerland acceded to the HCCH Choice of Court Convention and filed a declaration under Article 22 with respect to non-exclusive choice of court agreements. This is particularly noteworthy because this is the first time a declaration under Article 22 of the Choice of Court Convention has been filed. The Choice of Court Convention will enter into force for Switzerland on 1 January 2025.

Unlike the European Union and other Contracting States, Switzerland did not file a declaration under Article 21 of this Convention (declarations with respect to specific matters, e.g. insurance contracts).

The Swiss declaration indicates the following:

Switzerland

18-09-2024

In accordance with Article 22, paragraph 1, Switzerland declares that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement).

While this is a significant development, Article 22 of the Choice of Court Convention only applies in a reciprocal manner and only with regard to the provisions of Chapter III (Arts. 8-15). In other words, and as indicated in the Explanatory Report written by Trevor Hartley and Masato Dogauchi: “For Article 22 to operate, the State of origin and the State in which recognition or enforcement is sought must both be Contracting States and they must both have made a declaration under Article 22” (paragraph 241). The Explanatory Report also specifies that “[b]oth declarations must be in force when recognition is sought; otherwise there is no reciprocity” (paragraph 255).

Moreover, and in addition to reciprocity, Article 22(2) of this Convention sets out a series of conditions that the non-exclusive choice of court agreements must satisfy.

The seminal book of Ronald A. Brand and Paul M. Herrup further clarifies “A choice of court agreement will be a ‘non-exclusive choice of court agreement’ for purposes of recognition and enforcement under Article 22 if it designates ‘a court or courts of one or more Contracting States’. This definition contrasts with the final element of exclusivity in Article 3(a) […]” (see, The 2005 Hague Convention on Choice of Court Agreements: Commentary and documents (Cambridge: Cambridge University Press, 2008, 154).

Unless another Contracting State files a declaration under Article 22, the recognition and enforcement of non-exclusive choice of court agreements under this article will sadly not yet see the light of day. In any case, this is very interesting development, which may perhaps influence other existing or future Contracting States to do the same.

The HCCH news item is available here.

Tags: Switzerland, 2005 Choice of Court Convention
Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Mayela Celis https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Mayela Celis2024-09-19 09:27:462024-09-19 09:31:08Switzerland accedes to the HCCH Choice of Court Convention and files a declaration on non-exclusive choice of court agreements

Categories

  • Views
  • News

Most Recent Posts

  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
  • Nothing to See Here: The CJEU’s Decision in Case C-232/25 Idzinski June 18, 2026
  • Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court? June 15, 2026
  • PRC Double Interest neither Double nor Penal: Australian Courts Clear Its Name When Enforcing Chinese Judgments June 10, 2026
  • The AIFC Court, Gazprom v Naftogaz and the Emergence of a New Conduit Jurisdiction Debate June 6, 2026
  • Montana Supreme Court Decides International Child Custody Case June 3, 2026
  • China’s Countering Improper Foreign Extraterritorial Jurisdiction Regulation Blocked EU’s Extraterritorial Data Acquisition May 29, 2026
Link to: 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL) Link to: 2024 Asia-Pacific Colloquium of the Journal of Private International Law (JPIL) 2024 Asia-Pacific Colloquium of the Journal of Private International Law (J... Link to: Conference on International Commercial Courts, State Model(s) of Specialised (Domestic) Courts? (Lyon/online, 8 Oct 24) Link to: Conference on International Commercial Courts, State Model(s) of Specialised (Domestic) Courts? (Lyon/online, 8 Oct 24) Conference on International Commercial Courts, State Model(s) of Specialised...
Scroll to top Scroll to top Scroll to top