International convention in jurisdiction and arbitration agreements: a comparative study
In order to improve certainty and predictability, commercial efﬁciency and procedural effectiveness, international organizations and governments work together to build international conventions to establish judicial cooperation in jurisdiction and arbitration agreements. Global cooperation and harmonization in the ﬁeld of arbitration is more successful than in jurisdiction. Cooperation in arbitration agreement has existed since 1959, with the enforcement of the New York Convention 1958. The UNCITRAL also published model laws and uniform rules on international arbitration, to establish further harmonization and certainty. Comparatively, there is no international instrument on jurisdiction agreements in force. The Brussels I Regulation only applies within the EU Member States and has limited effects at the international level. The Hague Choice of Court Convention 2005 has only been signed by the EU, USA and Mexico and ratiﬁed by Mexico. It is hoped that once the Convention is entered into force and ratiﬁed by a large number of countries, it can become the litigation equivalent of the New York Convention. This chapter provides an overview of basic international frameworks on judicial cooperation and harmonization in jurisdiction and arbitration agreements. It then compares the New York Convention and international harmonization in arbitration agreements and the Hague Choice of Court Convention to predict whether the original purpose of the Hague Convention 2005 is achievable in the future.