Publication details
Prorogační dohoda pohledem Haagské úmluvy o dohodách o volbě soudu
| Title in English | Choice of Court Agreement from the Perspective of Hague Convention on Choice of Court Agreements |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Hague Conference on Private International Law - Convention of 30 June 2005 on Choice of Court Agreements – material scope of the convention – unified law vs national law – exclusive agreement on choice of court |
| Description | The paper deals with the exclusive prorogation agreements from the perspective of the 2005 Hague Convention on Choice of Court Agreements. The Hague convention entered into force for the Czech Republic in 2015. Its importance was reinforced by the withdrawal of the United Kingdom from the European Union. The first part of the paper analyses the scope of the convention and its links to other sources of legislation, especially the Brussels Ibis Regulation. The centre of the paper is the analysis of the exclusive prorogation agreement as regulated by the Hague Convention. The Hague Convention contains an autonomous definition of an exclusive choice of court agreement; however, part of the issues relating to the material validity of the prorogation agreement is regulated by the reference to national law determined via private international rules. The fundamental issue is identifying the 'position' of the applicable national law, the method for its determination, and the autonomous area governed by unified rules. The autonomous area is defined by outer limits (i.e., the scope of the Hague Convention) and internal limits such as gaps in the regulation in the Hague Convention. The article deals with determining the applicable law for the grounds for material invalidity of the prorogation agreement and the legal capacity of the parties to conclude a valid prorogation agreement. Particular attention is paid to the possibility of autonomous interpretation for filling in the gaps, specifically using UNIDROIT Principles of International Commercial Contracts. |