WHAT YOU NEED TO KNOW
- Although Australia is not presently a signatory to the Hague Convention, it may
nevertheless have implications for parties entering into international commercial
- When drafting dispute resolution clauses, it may be relevant to the question of whether
and where to arbitrate or litigate, to consider the relevance of the Hague Convention,
together with other avenues of enforcement of foreign judgments (for example,
legislation on the reciprocal enforcement of foreign judgments such as the Foreign
Judgments Act 1991 (Cth)).
- If you are agreeing to litigate in a State that has signed and ratified the Hague
Convention, remember to agree to exclusive jurisdiction in order to obtain the benefit of
the provisions in the Hague Convention.
- Keep an eye out for ratification of the Hague Convention by Singapore and the United
States, and additional signatories to the Hague Convention.
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