Update - Hague Convention on Choice of Court Agreements

The important Hague Convention on Choice of Court Agreements is now open for signature, ratification, and accession. For a discussion of the Convention and the process by which it advances toward its entry into force, click here.

Recently, the ABA's International Litigation Committee was in communication with the U.S. State Department's David Stewart, Assistant Legal Adviser for Private International Law in the Office of Legal Affairs, about the Convention and progress toward its ratification.

Mr. Stewart advised that the current focus is on issues regarding the Convention's implementation. The State Department, after its evaluation, forwards a memorandum to the President requesting authority to sign the desired convention. Before State forwards its signature memorandum as to this Convention, it requires a clear understanding as to how the Convention might be implemented. Mr. Stewart and his staff are working on the drafting of a tentative federal statute, but he states that considerable concern exists as to whether solely federalizing the issues addressed by the Convention is the optimum approach.

The National Conference on Commissioners on Uniform State Laws (NCCUSL) is actively evaluating how a uniform state law might be structured. A NCCUSL Drafting Committee, chaired by Idaho Uniform Law Commissioner, Rex Blackburn, is at work in that regard.

State will consider how NCCUSL's draft uniform state law and the draft federal statute might be integrated. That said, State expects to issue its signing memorandum shortly.

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