4.01 Introduction

The 2005 Hague Convention on Choice of Court Agreements1 is an international Convention which makes provision for (i) the existence and exercise of jurisdiction by a court which has been chosen as a court with exclusive jurisdiction in accordance with the requirements of the Convention, (ii) the general, though not absolute, removal of jurisdiction from a court when another court has been chosen to have exclusive jurisdiction in accordance with the Convention, and (iii) the recognition and enforcement of judgments given by a court which had been chosen to have exclusive jurisdiction in accordance with the requirements of the Convention. This Chapter is concerned with the first two of these functions; the third is dealt with in Chapter 16.