The signing and ratification of the 2005 Hague Convention on choice of court agrements by Singapore and China – experience for Vietnam

Abstract

The Hague Convention 2005 on Choice of Court Agreements establishes an effective international legal mechanism for resolving international disputes in civil and commercial matters by determining the exclusive jurisdiction of the court agreed upon by the parties and recognising and enforcing the judgement of the chosen court in member countries. This creates a certain and predictable legal environment, thereby promoting the development of international trade. This article studies the process of signing and ratifying the Convention of Singapore and China, thereby drawing some good experiences for Vietnam: i) Joining the 2005 Hague Convention will create a more effective legal mechanism for Vietnam to recognise and enforce foreign court judgments and for Vietnamese court judgments to be recognised and enforced abroad; ii) Vietnam should first sign and later ratify official accession to be well prepared for the implementation of the Convention; iii) Vietnam needs to  research the establishment of an international commercial court before joining the Convention; iv) Vietnam should enact a separate law to internalise the Convention as an effective and easy-to-apply method for all concerned parties.