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《Wuhan University International Law Review》 2018-02
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Discussion on Timing of Ratifying The 2005 Hague Convention on Choice of Court Agreements

WANG Jiwen;  
The entry into force and practical application of the 2005 Hague Convention on Choice of Court Agreements will have a positive impact on recognition and enforcement of judgments. The 2005 Hague Convention,however, is actually a judgment convention with a medium of choice of court agreements, which causes the Convention's value to a Contracting State mostly depending on the parties' choice of its court. Therefore, it is unfavorable to the disadvantaged party and court which is difficult to be chosen by parties,which will have a negative impact on China's position on ratification of the2005 Hague Convention. It is necessary to find out appropriate time point to ratify the Convention for China, in order to avoid more adverse consequences to national interest and competitiveness of Chinese courts. At present, we should pay close attention to the attitude the America because its ratification will affect the parties' preferences of choice of court, and put it on the agenda about ratification of the Convention for China when the America ratifies the Convention.
【Fund】: 国家法治与法学理论研究项目“国际私法与中国海外权益保护”(项目批准号:16SFB2060)的阶段性成果
【CateGory Index】: D997
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