Abstract

CAMPUZANO DIAZ, Beatriz. The 2005 Hague Convention on Choice of Court Agreements In the Trade Relations Between Mexico and the Member States of the European Union. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.165, pp.3-31.  Epub Dec 12, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.165.18603.

The purpose of this paper is to reflect on the advantages of choice of court agreements in international trade, with regard to The Hague Convention of 30 June 2005. From a methodological point of view, the study adopts the perspective of the countries of the European Union, which have several international instruments to regulate choice of court agreements, and then reflects more broadly on The Hague Convention, applicable in relations with countries outside this area of integration, such as Mexico. In relation to the Convention, its key aspects are analysed, highlighting the advantages that derive from them in terms of legal certainty and predictability. The analysis is accompanied by reflections on the influence that Regulation 1215/2012 may have on its application, with special attention to the form of choice of court agreements. The result is to highlight the value of an international Convention, which to date has had little practical significance, as well as to warn of the interpretation that can be made of it by the courts of the European Union. This is an original work, as there are no previous studies of the 2005 Hague Convention that specify the interpretation that can be made of it under the influence of other international instruments. The conclusions highlight the main contributions of the work, which will contribute to a better understanding of the convention.

Keywords : commercial relationships; choice of court agreements; 2005 Hague Convention; Regulation 1215/2012.

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