HAGUE CONFERENCE ON PRIVATE
INTERNATIONAL LAW
CONFÉRENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVÉ
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adopted by the Special Commission
on 30 October 1999
amended version (new numbering of articles)
CHAPTER I - SCOPE
OF THE CONVENTION
Article
1 Substantive scope
1. The Convention
applies to civil and commercial matters. It shall not extend in particular to
revenue, customs or administrative matters.
2. The Convention
does not apply to -
a) the status and legal capacity of natural persons;
b) maintenance obligations;
c) matrimonial property regimes and other rights and
obligations arising out of marriage or similar relationships;
d) wills and succession;
e) insolvency, composition or analogous proceedings;
f) social security;
g) arbitration and proceedings related thereto;
h) admiralty or maritime matters.
3. A dispute is not
excluded from the scope of the Convention by the mere fact that a government, a
governmental agency or any other person acting for the State is a party
thereto.
4. Nothing in this
Convention affects the privileges and immunities of sovereign States or of
entities of sovereign States, or of international organisations.
Article 2 Territorial scope
1. The provisions
of Chapter II shall apply in the courts of a Contracting State unless all the
parties are habitually resident in that State. However, even if all the parties
are habitually resident in that State -
a) Article 4 shall apply if they have agreed that a
court or courts of another Contracting State have jurisdiction to determine the
dispute;
b) Article 12, regarding exclusive jurisdiction, shall
apply;
c) Articles 21 and 22 shall apply where the court is
required to determine whether to decline jurisdiction or suspend its
proceedings on the grounds that the dispute ought to be determined in the
courts of another Contracting State.
2. The provisions
of Chapter III apply to the recognition and enforcement in a Contracting State
of a judgment rendered in another Contracting State.
CHAPTER II -
JURISDICTION
Article
3 Defendant's forum
1. Subject to the
provisions of the Convention, a defendant may be sued in the courts of the
State where that defendant is habitually resident.
2. For the purposes
of the Convention, an entity or person other than a natural person shall be
considered to be habitually resident in the State -
a) where it has its statutory seat,
b) under whose law it was incorporated or formed,
c) where it has its central administration, or
d) where it has its principal place of business.
Article
4 Choice of court
1. If the parties
have agreed that a court or courts of a Contracting State shall have
jurisdiction to settle any dispute which has arisen or may arise in connection
with a particular legal relationship, that court or those courts shall have
jurisdiction, and that jurisdiction shall be exclusive unless the parties have
agreed otherwise. Where an agreement having exclusive effect designates a court
or courts of a non-Contracting State, courts in Contracting States shall
decline jurisdiction or suspend proceedings unless the court or courts chosen
have themselves declined jurisdiction.
2. An agreement within the meaning of paragraph 1 shall be valid as to form, if
it was entered into or confirmed -
a) in writing;
b) by any other means of communication which renders
information accessible so as to be usable for subsequent reference;
c) in accordance with a usage which is regularly
observed by the parties;
d) in accordance with a usage of which the parties
were or ought to have been aware and which is regularly observed by parties to
contracts of the same nature in the particular trade or commerce concerned.
3. Agreements
conferring jurisdiction and similar clauses in trust instruments shall be
without effect if they conflict with the provisions of Article 7, 8 or 12.
Article
5 Appearance by the defendant
1. Subject to
Article 12, a court has jurisdiction if the defendant proceeds on the merits without
contesting jurisdiction.
2. The defendant
has the right to contest jurisdiction no later than at the time of the first
defence on the merits.
Article
6 Contracts
A plaintiff may
bring an action in contract in the courts of a State in which -
a) in matters relating to the supply of goods, the
goods were supplied in whole or in part;
b) in matters relating to the provision of services,
the services were provided in whole or in part;
c) in matters relating both to the supply of goods and
the provision of services, performance of the principal obligation took place
in whole or in part.
Article
7 Contracts concluded by consumers
1. A plaintiff who
concluded a contract for a purpose which is outside its trade or profession,
hereafter designated as the consumer, may bring a claim in the courts of the
State in which it is habitually resident, if
a) the conclusion of the contract on which the claim
is based is related to trade or professional activities that the defendant has
engaged in or directed to that State, in particular in soliciting business
through means of publicity, and
b) the consumer has taken the steps necessary for the
conclusion of the contract in that State.
2. A claim against
the consumer may only be brought by a person who entered into the contract in
the course of its trade or profession before the courts of the State of the
habitual residence of the consumer.
3. The parties to a
contract within the meaning of paragraph 1 may, by an agreement which conforms
with the requirements of Article 4, make a choice of court -
a) if such agreement is entered into after the dispute
has arisen, or
b) to the extent only that it allows the consumer to
bring proceedings in another court.
Article
8 Individual contracts of employment
1. In matters
relating to individual contracts of employment -
a) an employee may bring an action against the
employer,
i) in the courts of the State in which the employee
habitually carries out his work or in the courts of the last State in which he
did so, or
ii) if the employee does not or did not habitually
carry out his work in any one State, in the courts of the State in which the
business that engaged the employee is or was situated;
b) a claim against an employee may be brought by the
employer only,
i) in the courts of the State where the employee is
habitually resident, or
ii) in the courts of the State in which the employee
habitually carries out his work.
2. The parties to a
contract within the meaning of paragraph 1 may, by an agreement which conforms with
the requirements of Article 4, make a choice of court -
a) if such agreement is entered into after the dispute
has arisen, or
b) to the extent only that it allows the employee to
bring proceedings in courts other than those indicated in this Article or in
Article 3 of the Convention.
Article
9 Branches [and regular commercial activity]
A plaintiff may
bring an action in the courts of a State in which a branch, agency or any other
establishment of the defendant is situated, [or where the defendant has carried
on regular commercial activity by other means,] provided that the dispute
relates directly to the activity of that branch, agency or establishment [or to
that regular commercial activity].
Article 10 Torts or delicts
1. A plaintiff may
bring an action in tort or delict in the courts of the State -
a) in which the act or omission that caused injury
occurred, or
b) in which the injury arose, unless the defendant
establishes that the person claimed to be responsible could not reasonably have
foreseen that the act or omission could result in an injury of the same nature
in that State.
2. Paragraph 1 b)
shall not apply to injury caused by anti-trust violations, in particular
price-fixing or monopolisation, or conspiracy to inflict economic loss.
3. A plaintiff may
also bring an action in accordance with paragraph 1 when the act or omission,
or the injury may occur.
4. If an action is
brought in the courts of a State only on the basis that the injury arose or may
occur there, those courts shall have jurisdiction only in respect of the injury
that occurred or may occur in that State, unless the injured person has his or
her habitual residence in that State.
Article
11 Trusts
1. In proceedings
concerning the validity, construction, effects, administration or variation of
a trust created voluntarily and evidenced in writing, the courts of a
Contracting State designated in the trust instrument for this purpose shall
have exclusive jurisdiction. Where the trust instrument designates a court or
courts of a non-Contracting State, courts in Contracting States shall decline
jurisdiction or suspend proceedings unless the court or courts chosen have
themselves declined jurisdiction.
2. In the absence
of such designation, proceedings may be brought before the courts of a State -
a) in which is situated the principal place of
administration of the trust;
b) whose law is applicable to the trust;
c) with which the trust has the closest connection for
the purpose of the proceedings.
Article
12 Exclusive jurisdiction
1. In proceedings
which have as their object rights in rem in immovable property or
tenancies of immovable property, the courts of the Contracting State in which
the property is situated have exclusive jurisdiction, unless in proceedings
which have as their object tenancies of immovable property, the tenant is
habitually resident in a different State.
2. In proceedings
which have as their object the validity, nullity, or dissolution of a legal
person, or the validity or nullity of the decisions of its organs, the courts
of a Contracting State whose law governs the legal person have exclusive
jurisdiction.
3. In proceedings
which have as their object the validity or nullity of entries in public
registers, the courts of the Contracting State in which the register is kept
have exclusive jurisdiction.
4. In proceedings
which have as their object the registration, validity, [or] nullity[, or
revocation or infringement,] of patents, trade marks, designs or other similar
rights required to be deposited or registered, the courts of the Contracting
State in which the deposit or registration has been applied for, has taken
place or, under the terms of an international convention, is deemed to have
taken place, have exclusive jurisdiction. This shall not apply to copyright or
any neighbouring rights, even though registration or deposit of such rights is
possible.
[5. In relation to
proceedings which have as their object the infringement of patents, the preceding
paragraph does not exclude the jurisdiction of any other court under the
Convention or under the national law of a Contracting State.]
[6. The previous
paragraphs shall not apply when the matters referred to therein arise as
incidental questions.]
Article
13 Provisional and protective measures
1. A court having
jurisdiction under Articles 3 to 12 to determine the merits of the case has
jurisdiction to order any provisional or protective measures.
2. The courts of a
State in which property is located have jurisdiction to order any provisional
or protective measures in respect of that property.
3. A court of a
Contracting State not having jurisdiction under paragraphs 1 or 2 may order
provisional or protective measures, provided that -
a) their enforcement is limited to the territory of
that State, and
b) their purpose is to protect on an interim basis a
claim on the merits which is pending or to be brought by the requesting party.
Article
14 Multiple defendants
1. A plaintiff
bringing an action against a defendant in a court of the State in which that
defendant is habitually resident may also proceed in that court against other
defendants not habitually resident in that State if -
a) the claims against the defendant habitually
resident in that State and the other defendants are so closely connected that
they should be adjudicated together to avoid a serious risk of inconsistent
judgments, and
b) as to each defendant not habitually resident in
that State, there is a substantial connection between that State and the
dispute involving that defendant.
2. Paragraph 1
shall not apply to a codefendant invoking an exclusive choice of court clause
agreed with the plaintiff and conforming with Article 4.
Article
15 Counter-claims
A court which has
jurisdiction to determine a claim under the provisions of the Convention shall
also have jurisdiction to determine a counter-claim arising out of the
transaction or occurrence on which the original claim is based.
Article
16 Third party claims
1. A court which has jurisdiction to determine a claim under the provisions of
the Convention shall also have jurisdiction to determine a claim by a defendant
against a third party for indemnity or contribution in respect of the claim
against that defendant to the extent that such an action is permitted by
national law, provided that there is a substantial connection between that
State and the dispute involving that third party.
2. Paragraph 1 shall not apply to a third party invoking an exclusive choice of
court clause agreed with the defendant and conforming with Article 4.
Article 17 Jurisdiction based on national law
Subject to Articles 4, 5, 7, 8, 12 and 13, the Convention does not prevent the
application by Contracting States of rules of jurisdiction under national law,
provided that this is not prohibited under Article 18.
Article 18 Prohibited grounds of jurisdiction
1. Where the
defendant is habitually resident in a Contracting State, the application of a
rule of jurisdiction provided for under the national law of a Contracting State
is prohibited if there is no substantial connection between that State and the
dispute.
2. In particular,
jurisdiction shall not be exercised by the courts of a Contracting State on the
basis solely of one or more of the following -
a) the presence or the seizure in that State of
property belonging to the defendant, except where the dispute is directly
related to that property;
b) the nationality of the plaintiff;
c) the nationality of the defendant;
d) the domicile, habitual or temporary residence, or
presence of the plaintiff in that State;
e) the carrying on of commercial or other activities
by the defendant in that State, except where the dispute is directly related to
those activities;
f) the service of a writ upon the defendant in that
State;
g) the unilateral designation of the forum by the
plaintiff;
h) proceedings in that State for declaration of
enforceability or registration or for the enforcement of a judgment, except where
the dispute is directly related to such proceedings;
i) the temporary residence or presence of the
defendant in that State;
j) the signing in that State of the contract from
which the dispute arises.
3. Nothing in this
Article shall prevent a court in a Contracting State from exercising
jurisdiction under national law in an action [seeking relief] [claiming
damages] in respect of conduct which constitutes -
[Variant One:
[a) genocide, a crime against humanity or a
war crime[, as defined in the Statute of the International Criminal Court]; or]
[b) a serious crime against a natural person
under international law; or]
[c) a grave violation against a natural
person of non-derogable fundamental rights established under international law,
such as torture, slavery, forced labour and disappeared persons].
[Sub-paragraphs [b)
and] c) above apply only if the party seeking relief is exposed to a
risk of a denial of justice because proceedings in another State are not
possible or cannot reasonably be required.]
Variant Two:
a serious crime
under international law, provided that this State has established its criminal
jurisdiction over that crime in accordance with an international treaty to
which it is a party and that the claim is for civil compensatory damages for
death or serious bodily injury arising from that crime.]
Article
19 Authority of the court seised
Where the defendant
does not enter an appearance, the court shall verify whether Article 18
prohibits it from exercising jurisdiction if -
a) national law so requires; or
b) the plaintiff so requests; or
[c) the defendant so requests, even after
judgment is entered in accordance with procedures established under national
law; or]
[d) the document which instituted the proceedings
or an equivalent document was served on the defendant in another Contracting
State.]
or
[d) it appears from the documents filed by the plaintiff that the
defendant's address is in another Contracting State.]
Article 20
1. The court shall
stay the proceedings so long as it is not established that the document which
instituted the proceedings or an equivalent document, including the essential
elements of the claim, was notified to the defendant in sufficient time and in
such a way as to enable him to arrange for his defence, or that all necessary
steps have been taken to that effect.
[2. Paragraph 1
shall not affect the use of international instruments concerning the service
abroad of judicial and extrajudicial documents in civil or commercial matters,
in accordance with the law of the forum.]
[3. Paragraph 1
shall not apply, in case of urgency, to any provisional or protective
measures.]
Article
21 Lis pendens
1. When the same
parties are engaged in proceedings in courts of different Contracting States
and when such proceedings are based on the same causes of action, irrespective
of the relief sought, the court second seised shall suspend the proceedings if
the court first seised has jurisdiction and is expected to render a judgment
capable of being recognised under the Convention in the State of the court
second seised, unless the latter has exclusive jurisdiction under Article 4 or
12.
2. The court second
seised shall decline jurisdiction as soon as it is presented with a judgment
rendered by the court first seised that complies with the requirements for
recognition or enforcement under the Convention.
3. Upon application
of a party, the court second seised may proceed with the case if the plaintiff in
the court first seised has failed to take the necessary steps to bring the
proceedings to a decision on the merits or if that court has not rendered such
a decision within a reasonable time.
4. The provisions
of the preceding paragraphs apply to the court second seised even in a case
where the jurisdiction of that court is based on the national law of that State
in accordance with Article 17.
5. For the purpose
of this Article, a court shall be deemed to be seised -
a) when the document instituting the proceedings or an
equivalent document is lodged with the court, or
b) if such document has to be served before being
lodged with the court, when it is received by the authority responsible for
service or served on the defendant.
[As appropriate,
universal time is applicable.]
6. If in the action
before the court first seised the plaintiff seeks a determination that it has
no obligation to the defendant, and if an action seeking substantive relief is
brought in the court second seised -
a) the provisions of paragraphs 1 to 5 above shall not
apply to the court second seised, and
b) the court first seised shall suspend the
proceedings at the request of a party if the court second seised is expected to
render a decision capable of being recognised under the Convention.
7. This Article
shall not apply if the court first seised, on application by a party,
determines that the court second seised is clearly more appropriate to resolve
the dispute, under the conditions specified in Article 22.
Article
22 Exceptional circumstances for declining
jurisdiction
1. In exceptional
circumstances, when the jurisdiction of the court seised is not founded on an
exclusive choice of court agreement valid under Article 4, or on Article 7, 8
or 12, the court may, on application by a party, suspend its proceedings if in
that case it is clearly inappropriate for that court to exercise jurisdiction
and if a court of another State has jurisdiction and is clearly more
appropriate to resolve the dispute. Such application must be made no later than
at the time of the first defence on the merits.
2. The court shall
take into account, in particular -
a) any inconvenience to the parties in view of their
habitual residence;
b) the nature and location of the evidence, including
documents and witnesses, and the procedures for obtaining such evidence;
c) applicable limitation or prescription periods;
d) the possibility of obtaining recognition and
enforcement of any decision on the merits.
3. In deciding
whether to suspend the proceedings, a court shall not discriminate on the basis
of the nationality or habitual residence of the parties.
4. If the court
decides to suspend its proceedings under paragraph 1, it may order the
defendant to provide security sufficient to satisfy any decision of the other
court on the merits. However, it shall make such an order if the other court
has jurisdiction only under Article 17, unless the defendant establishes that
sufficient assets exist in the State of that other court or in another State
where the court's decision could be enforced.
5. When the court
has suspended its proceedings under paragraph 1,
a) it shall decline to exercise jurisdiction if the
court of the other State exercises jurisdiction, or if the plaintiff does not
bring the proceedings in that State within the time specified by the court, or
b) it shall proceed with the case if the court of the
other State decides not to exercise jurisdiction.
CHAPTER III -
RECOGNITION AND ENFORCEMENT
Article
23 Definition of "judgment"
For the purposes of
this Chapter, "judgment" means -
a) any decision given by a court, whatever it may be
called, including a decree or order, as well as the determination of costs or
expenses by an officer of the court, provided that it relates to a decision
which may be recognised or enforced under the Convention;
b) decisions ordering provisional or protective
measures in accordance with Article 13, paragraph 1.
Article
24 Judgments excluded from Chapter III
This Chapter shall not
apply to judgments based on a ground of jurisdiction provided for by national
law in accordance with Article 17.
Article
25 Judgments to be recognised or enforced
1. A judgment based
on a ground of jurisdiction provided for in Articles 3 to 13, or which is
consistent with any such ground, shall be recognised or enforced under this
Chapter.
2. In order to be
recognised, a judgment referred to in paragraph 1 must have the effect of res
judicata in the State of origin.
3. In order to be
enforceable, a judgment referred to in paragraph 1 must be enforceable in the
State of origin.
4. However,
recognition or enforcement may be postponed if the judgment is the subject of
review in the State of origin or if the time limit for seeking a review has not
expired.
Article
26 Judgments not to be recognised or enforced
A judgment based on
a ground of jurisdiction which conflicts with Articles 4, 5, 7, 8 or 12, or
whose application is prohibited by virtue of Article 18, shall not be
recognised or enforced.
Article
27 Verification of jurisdiction
1. The court
addressed shall verify the jurisdiction of the court of origin.
2. In verifying the
jurisdiction of the court of origin, the court addressed shall be bound by the
findings of fact on which the court of origin based its jurisdiction, unless
the judgment was given by default.
3. Recognition or
enforcement of a judgment may not be refused on the ground that the court
addressed considers that the court of origin should have declined jurisdiction
in accordance with Article 22.
Article
28 Grounds for refusal of recognition or
enforcement
1. Recognition or
enforcement of a judgment may be refused if -
a) proceedings between the same parties and having the
same subject matter are pending before a court of the State addressed, if first
seised in accordance with Article 21;
b) the judgment is inconsistent with a judgment
rendered, either in the State addressed or in another State, provided that in
the latter case the judgment is capable of being recognised or enforced in the
State addressed;
c) the judgment results from proceedings incompatible
with fundamental principles of procedure of the State addressed, including the
right of each party to be heard by an impartial and independent court;
d) the document which instituted the proceedings or an
equivalent document, including the essential elements of the claim, was not
notified to the defendant in sufficient time and in such a way as to enable him
to arrange for his defence;
e) the judgment was obtained by fraud in connection
with a matter of procedure;
f) recognition or enforcement would be manifestly
incompatible with the public policy of the State addressed.
2. Without
prejudice to such review as is necessary for the purpose of application of the
provisions of this Chapter, there shall be no review of the merits of the
judgment rendered by the court of origin.
Article
29 Documents to be produced
1. The party
seeking recognition or applying for enforcement shall produce -
a) a complete and certified copy of the judgment;
b) if the judgment was rendered by default, the
original or a certified copy of a document establishing that the document which
instituted the proceedings or an equivalent document was notified to the
defaulting party;
c) all documents required to establish that the
judgment is res judicata in the State of origin or, as the case may be,
is enforceable in that State;
d) if the court addressed so requires, a translation
of the documents referred to above, made by a person qualified to do so.
2. No legalisation
or similar formality may be required.
3. If the terms of
the judgment do not permit the court addressed to verify whether the conditions
of this Chapter have been complied with, that court may require the production
of any other necessary documents.
Article
30 Procedure
The procedure for
recognition, declaration of enforceability or registration for enforcement, and
the enforcement of the judgment, are governed by the law of the State addressed
so far as the Convention does not provide otherwise. The court addressed shall
act expeditiously.
Article
31 Costs of proceedings
No security, bond
or deposit, however described, to guarantee the payment of costs or expenses
shall be required by reason only that the applicant is a national of, or has
its habitual residence in, another Contracting State.
Article
32 Legal aid
Natural persons
habitually resident in a Contracting State shall be entitled, in proceedings
for recognition or enforcement, to legal aid under the same conditions as apply
to persons habitually resident in the requested State.
Article
33 Damages
1. In so far as a
judgment awards non-compensatory, including exemplary or punitive, damages, it
shall be recognised at least to the extent that similar or comparable damages
could have been awarded in the State addressed.
2.
a) Where the debtor, after proceedings in which the creditor has the
opportunity to be heard, satisfies the court addressed that in the
circumstances, including those existing in the State of origin, grossly
excessive damages have been awarded, recognition may be limited to a lesser
amount.
b) In no
event shall the court addressed recognise the judgment in an amount less than
that which could have been awarded in the State addressed in the same
circumstances, including those existing in the State of origin.
3. In applying
paragraph 1 or 2, the court addressed shall take into account whether and to
what extent the damages awarded by the court of origin serve to cover costs and
expenses relating to the proceedings.
Article
34 Severability
If the judgment
contains elements which are severable, one or more of them may be separately
recognised, declared enforceable, registered for enforcement, or enforced.
Article
35 Authentic instruments
1. Each Contracting
State may declare that it will enforce, subject to reciprocity, authentic
instruments formally drawn up or registered and enforceable in another
Contracting State.
2. The authentic
instrument must have been authenticated by a public authority or a delegate of
a public authority and the authentication must relate to both the signature and
the content of the document.
[3. The provisions
concerning recognition and enforcement provided for in this Chapter shall apply
as appropriate.]
Article
36 Settlements
Settlements to
which a court has given its authority shall be recognised, declared enforceable
or registered for enforcement in the State addressed under the same conditions
as judgments falling within the Convention, so far as those conditions apply to
settlements.
CHAPTER IV -
GENERAL PROVISIONS
Article
37 Relationship with other conventions
[See annex]
Article
38 Uniform interpretation
1. In the
interpretation of the Convention, regard is to be had to its international
character and to the need to promote uniformity in its application.
2. The courts of
each Contracting State shall, when applying and interpreting the Convention,
take due account of the case law of other Contracting States.
[Article 39
1. Each Contracting
State shall, at the request of the Secretary General of the Hague Conference on
Private International Law, send to the Permanent Bureau at regular intervals
copies of any significant decisions taken in applying the Convention and, as
appropriate, other relevant information.
2. The Secretary
General of the Hague Conference on Private International Law shall at regular
intervals convene a Special Commission to review the operation of the
Convention.
3. The Commission
may make recommendations on the application or interpretation of the Convention
and may propose modifications or revisions of the Convention or the addition of
protocols.]
[Article 40
1. Upon a joint
request of the parties to a dispute in which the interpretation of the
Convention is at issue, or of a court of a Contracting State, the Permanent
Bureau of the Hague Conference on Private International Law shall assist in the
establishment of a committee of experts to make recommendations to such parties
or such court.
[2. The Secretary
General of the Hague Conference on Private International Law shall, as soon as
possible, convene a Special Commission to draw up an optional protocol setting
out rules governing the composition and procedures of the committee of
experts.]]
Article
41 Federal clause
ANNEX [back to article 38]
Article
37 Relationship with other conventions
Proposal 1
1. The Convention
does not affect any international instrument to which Contracting States are or
become Parties and which contains provisions on matters governed by the Convention,
unless a contrary declaration is made by the States Parties to such instrument.
2. However, the
Convention prevails over such instruments to the extent that they provide for
fora not authorized under the provisions of Article 18 of the Convention.
3. The preceding
paragraphs also apply to uniform laws based on special ties of a regional or
other nature between the States concerned and to instruments adopted by a
community of States.
Proposal 2
1. a) In
this Article, the Brussels Convention [as amended], Regulation […] of the
European Union, and the Lugano Convention [as amended] shall be collectively
referred to as "the European instruments".
b) A State party to either of
the above Conventions or a Member State of the European Union to which the
above Regulation applies shall be collectively referred to as "European
instrument States".
2. Subject to the
following provisions [of this Article], a European instrument State shall apply
the European instruments, and not the Convention, whenever the European
instruments are applicable according to their terms.
3. Except where the
provisions of the European instruments on -
a) exclusive jurisdiction;
b) prorogation of jurisdiction;
c) lis pendens and related actions;
d) protective jurisdiction for consumers or employees;
are applicable, a
European instrument State shall apply Articles 3, 5 to 11, 14 to 16 and 18 of
the Convention whenever the defendant is not domiciled in a European instrument
State.
4. Even if the
defendant is domiciled in a European instrument State, a court of such a State
shall apply -
a) Article 4 of the Convention whenever the court
chosen is not in a European instrument State;
b) Article 12 of the Convention whenever the court
with exclusive jurisdiction under that provision is not in a European
instrument State; and
c) Articles 21 and 22 of this Convention whenever the
court in whose favour the proceedings are stayed or jurisdiction is declined is
not a court of a European instrument State.
Note: Another provision will be
needed for other conventions and instruments.
Proposal 3
5. Judgments of
courts of a Contracting State to this Convention based on jurisdiction granted
under the terms of a different international convention ("other
Convention") shall be recognised and enforced in courts of Contracting
States to this Convention which are also Contracting States to the other
Convention. This provision shall not apply if, by reservation under Article …,
a Contracting State chooses -
a) not to be governed by this provision, or
b) not to be governed by this provision as to certain
designated other conventions.
1The Special Commission has considered whether the
provisions of the preliminary draft Convention meet the needs of e-commerce.
This matter will be further examined by a group of specialists in this field
who will meet early in the year 2000. [back to article 1]
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