Ratifikacija Haške konvencije o sporazumima o izboru nadležnog suda iz 2005. godine od strane Sjedinjenih Američkih Država
Ratification of the Hague Convention on Choice of Court Agreements by the United States of America

Summary/Abstract: The paper analyzes the position of the United States of America in relation to the Hague Convention on Choice of Court Agreements of 2005. The reason for this analysis is the significance and influence of the United States in the world. It is also interesting that the initiator for the adoption of the Convention did not ratify it. It is generally accepted that the United States should ratify the Convention, but it is controversial in that way because the United States does not have bilateral or multilateral instruments in the area of the Hague Convention on Choice of Court Agreements of 2005. There are several reasons for non-ratification, but the main issue is the level at which it will be ratified. For non-US customers it is particularly important to avoid the use of the forum non conveniens institute, which the Convention allows. There would also be a change in the status of the contracted exclusive international jurisdiction. Namely, in the United States, there is no assumption that exclusive jurisdiction has been contracted, and the prorogation agreement does not presuppose exclusive jurisdiction unless expressly agreed.

• Details
• Contents