[Hague-jur-commercial-law] Draft Agenda and Annex for Dip. Conf (June 14-30, 2005)
Manon Ress
manon.ress@cptech.org
Wed, 18 May 2005 14:34:43 -0400
DRAFT AGENDA
TWENTIETH SESSION
The Hague, 14 30 June 2005
In general, it is proposed that the meetings shall be held from 9.30
a.m. till 1.00 p.m. and from 2.30 p.m. till 6.00 p.m. Coffee breaks will
normally be held from 11.00 a.m. till 11.20 a.m. and from 4.00 p.m. till
4.20 p.m.
The suggested timetable will be followed with a certain degree of
flexibility and modified in accordance with the requirements of the
discussion.
The following items on the agenda of Commission II refer to the
provisions as contained in the preliminary draft Convention prepared by
the Special Commission on Jurisdiction, Recognition and Enforcement of
Foreign Judgments in Civil and Commercial Matters (Annex to Prel. Doc.
No 26) and in the proposals presented by the Drafting Committee
following its meeting held from 18-20 April 2005 (Prel. Doc. No 28). A
consolidated version compiling the text prepared by the Special
Commission and the alternative drafting suggestions proposed by the
Drafting Committee will be circulated as Working Document No 1 in due
course before the Diplomatic Session. With the exception of the session
of 30 June, the meetings will be held at the Chamber of Commerce,
Koningskade 30.
Tuesday 14 June 2005
10.00 a.m.1.00 p.m. Opening of the Diplomatic Session
Election of the Chair of the Session
Plenary: Election of Vice-Chairs of the Session; establishment of
Commissions I and II; election of the Chairs of Commissions I and II;
General remarks by the Secretary General
Opening of the meeting of Commission II
Presentation of the preliminary draft Convention by the Co-Reporters
Preliminary Matters
2.30 p.m. 6.00 p.m. Article 3 Exclusive Choice of Court Agreements
Article 5 Jurisdiction of the Chosen Court
Wednesday 15 June 2005
9.30 a.m. 1.00 p.m. Article 3 Exclusive Choice of Court Agreements
(continued)
Article 5 Jurisdiction of the Chosen Court (continued)
2.30 p.m. 6.00 p.m. Article 5 Jurisdiction of the Chosen Court
(continued)
Article 7 Obligations of a Court not chosen
Thursday 16 June 2005
9.30 a.m. 1.00 p.m. Article 7 Obligations of the Court not chosen
Ways to protect exclusive jurisdiction and certain other rules of the
Court seised but not chosen (see also new Article 20 as proposed by the
Drafting Committee)
2.30 p.m. 6.00 p.m. Article 7 Obligations of the Court not chosen
(continued)
Article 8 Interim Measures of Protection
Friday 17 June 2005
9.30 a.m. 1.00 p.m. Articles 2(2) k) and kbis), 2(3), 6, 10
Provisions relating to Intellectual Property and incidental questions
2.30 p.m. 6.00 p.m. Commission II: Working Groups
Commission I on General Affairs and Policy:
Question of the admission of the European Community to the Hague
Conference on Private International Law
Saturday 18 June 2005
9.30 a.m. 1.00 p.m. Commission II:
Article 9 Recognition and Enforcement
2.30 p.m. 6.00 p.m. Commission I on General Affairs and Policy, if
required
Question of the admission of the European Community to the Hague
Conference on Private International Law
Monday 20 June 2005
9.30 a.m. 1.00 p.m. Commission II:
Article 9 Recognition and Enforcement (continued)
Article 11 Judgments in contravention of exclusive choice of
court agreements
Article 12 Settlements
Article 13 Documents to be produced, including form provided for in
Article 13(3)
Article 14 Procedure
Article 15 Damages
Article 16 Severability
2.30 p.m. 6.00 p.m. Article 11 16 (continued)
Tuesday 21 June 2005
9.30 a.m. 1.00 p.m. Article 1 Scope of the Convention
Article 2 Exclusions from the Scope of the Convention
Article 4 Other Definitions
Article 17 No legalisation
Article 18 Limitation of Jurisdiction
Article 19 Limitation of Recognition and Enforcement
Article 21 Uniform Interpretation
Article 22 Non-unified Legal System
Article 25 - Non-unified Legal System (Final Clause)
2.30 p.m. 6.00 p.m. (continued)
Wednesday 22 June 2005
9.30 a.m. 1.00 p.m. Articles 2(2) k) and kbis), 2(3), 6, 10
Provisions related to Intellectual Property and Incidental Questions
Article 16bis - Transitional Provision
(no rule in the preliminary draft Convention but see Article 16bis as
proposed by the Drafting Committee)
2.30 p.m. 6.00 p.m. (continued)
Thursday 23 June 2005
9.30 a.m. 1.00 p.m. Article 23 Relationship with other International
Instruments
Article 26 - Regional Economic Integration Organisations
2.30 p.m. 6.00 p.m. (continued)
Friday 24 June 2005
9.30 a.m. 1.00 p.m. Article 23 Relationship with other International
Instruments (continued)
Article 26 - Regional Economic Integration Organisations (continued)
Article 24 - Signature, ratification, acceptance, approval or accession
(Final Clauses)
Article 27 Entry into force
Other Final Clauses
Title of the Convention
Preamble
2.30 p.m. 6.00 p.m. (continued)
Saturday 25 June 2005
Meetings as necessary
Sunday 26 June 2005
Excursion
Monday 27 June 2005
9.30 a.m. 1.00 p.m. Open issues revisited
2.30 p.m. 6.00 p.m. Open issues revisited
Tuesday 28 June 2005
9.30 a.m. 1.00 p.m. Second Reading
2.30 p.m. 6.00 p.m. Second Reading (continued)
Wednesday 29 June 2005
9.30 p.m. 1.00 p.m. Second Reading (continued)
2.30 p.m. 5.00 p.m. Plenary Reading
Thursday 30 June 2005
11.00 a.m. Plenary: Closing Session in the Great Hall of Justice of the
Peace Palace in The Hague
A N N E X
Note on the Agenda of Commission II
The Agenda of Commission II follows basically the content and the
structure of the preliminary draft Convention prepared by the Special
Commission at its meeting of April 2004.
One of the two main parts of the preliminary draft Convention relates to
the jurisdiction of the courts of Contracting States in cases where the
parties to the transaction have agreed upon the exclusive jurisdiction
of a court or of the courts of a Contracting State (Chapter II). The
other important part of the preliminary draft Convention contains
provisions on the recognition and enforcement of judgments rendered by a
court designated by the parties in an exclusive choice of court
agreement that meets the requirement for its validity set out in the
preliminary draft Convention (Chapter III).
The Agenda for the first days of the session will focus on these two
chapters. The debate will be basically structured in relation to the
Articles proposed in the preliminary draft Convention prepared by the
Special Commission. Core issues relating to the part on jurisdiction are
the definition and the requirements as to form of an exclusive choice of
court agreement (Article 3);
the obligation of the court chosen by the parties in their agreement to
exercise its jurisdiction (Article 5);
the obligation of any other court, that has not been designated in the
parties agreement, not to exercise jurisdiction (Article 7).
Chapter III deals with the recognition and enforcement of judgments
rendered by a court that has been designated by the parties in a choice
of court agreement that meets the requirements as to its form as
determined by Article 3. Core issues in this matter are
whether, and if so, to what extent the court addressed to recognise or
enforce a foreign judgment may re-examine the jurisdiction of the court
that rendered the judgment (Article 9(1) a) and b));
whether recognition and enforcement of a foreign judgment may be refused
because (1) the judgment is inconsistent with another judgment rendered
or capable of being recognised in the State of the court addressed or
that (2) the judgment is not compatible with principles and standards
based on the public policy of the requested State (Article 9(1) c)-f));
whether foreign judgments ordering damages of a punitive or otherwise
non-compensatory nature, as well as judgments providing for what may be
considered as excessive damages, require special provisions in the
Convention (Article 15);
as this is in the nature of provisions on the recognition and
enforcement of foreign judgments, Chapter III contains a number of rules
on procedural issues that deserve the delegates attention although they
may appear to be rather technical.
In all matters related to the jurisdiction of the courts and to the
recognition and enforcement of foreign judgments, special attention has
to be given to issues relating to intellectual property matters, as this
is shown through various provisions of the preliminary draft Convention
(cf. Articles 2(2) k), 2(3), 6, 10). The Agenda deals with this matter
specifically and allocates the time required to establish solutions that
will give satisfaction to the delegations and to the representatives of
the professional community present at the Conference.
A further issue of major importance to be addressed will be the scope of
application of the future Convention or of some of its provisions.
Firstly, the cases of a purely domestic nature will have to be
identified and excluded from the scope of the Convention (Article 1).
Secondly, matters that the delegations do not want to be covered by the
Convention will have to be listed (Article 2). Thirdly, it will have to
be decided whether or not the Convention should apply to choice of court
agreements made before the Convention entered into force. A further
issue will be the application of the Convention to States that have two
or more territorial units in which different systems of law apply
(Articles 22 and 25). Finally, a crucial matter is the determination of
the relationship between the new Hague Convention and other
international instruments relating to cases governed by both instruments
(Article 23). The application of the Convention in case of a Party being
a Regional Economic Integration Organisation will also require
particular attention (Article 26).
--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org
Consumer Project on Technology in Washington, DC PO Box 19367,
Washington, DC 20036, USA Tel.: +1.202.387.8030, fax: +1.202.234.5176
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