federal power over state courtsHague choice of court conventionanti-commandeeringfederalismI. Introduction. II. Scope and Effects of the Convention III. Congressional Source of Power ...de la Torre, JordiSocial Science Electronic Publishing
ProfessorofLaw,UniversityofSanDiegoSchoolofLaw.B.A.,1968, UniversityofMichigan;J.D.,1971,UniversityofWisconsin;LL.M.,1978,Harvard University. 1 HagueConventiononPrivateInternationalLaw,ConventiononChoiceof CourtAgreementsart.1,June30,2005,44I.L.M.1294[hereinafterHague Convention]. 2 Seeid.arts.1(1...
内容提示: Lipe Final.docx (Do Not Delete) 12/7/10 8:15 AM 1 THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS: CREATING ROOM FOR CHOICE IN INTERNATIONAL CASES Guy S. Lipe* Timothy J. Tyler* I. I NTRODUCTION ... 2 II. A RBITRATION ’ S “ MONOPOLY ” ... 4 III. T HE C ...
Andrea Schulz, who has been in charge of the negotiations of this Convention at the Hague Conference since 2002, recalls its background and explains how it will work: Provided that the choice of court agreement is valid, the Convention will oblige the chosen court to hear the case; it will...
The Hague Convention of 30 June 2005 on Choice of Court agreements entered into force on 1 October 2015 between the European Union (EU) and Mexico. The Convention was previously signed by the United States of America (USA, US) (19 January 2009) and Singapore (25 March 2015), and ...
The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recogniz...
1 THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS: CREATING ROOM FOR CHOICE IN INTERNATIONAL CASES Guy S. Lipe* Timothy J. Tyler* I.I NTRODUCTION ... 2 II. A RBITRATION ’S “MONOPOLY ” ... 4 III. T HE C HOICE OF C OURT C ONVENTION . (6)A. Background o...
The Hague Convention of 30 June 2005 on Choice of Court Agreements Convention will oblige the chosen court to hear the case; it will oblige courts in other States to dismiss the case and respect the choice of court agreement, and it will guarantee the recognition and enforcement of the judgme...
A. INTRODUCTION The 2005 Hague Convention on Choice of Court Agreements (the "Hague Convention") contains what appears to be a long list of exclusions, including a large part of what might be considered "maritime law". (1) Article 2(2)(f) excludes contracts relating to the carriage of pa...
in: Zeitschrift für Zivilprozess International (ZZPInt), 2019, 159-197 The Hague Choice of Court Convention is silent on the subject of the admissibility of anti-suit injunctions. Qui tacet, consentire videtur? Not quite. The Convention does not expressly and not fully prohibit anti-suit in...