Response to the preliminary draft convention (2000-2001)

Special Commission on General Affairs and Policy recommends a series of informal meetings to resolve substantive and technical issues arising from the preliminary draft convention

The Special Commission emphasises the "need to adopt a Hague Convention on jurisdiction, recognition and enforcement of foreign judgments in civil and commercial matters". It recommends that the series of informal meetings be held prior to the 18th Session with a view to advancing the consideration and drafting of proposals for resolving important substantive and technical issues identified.

It also recommends that the 18th Session be divided into two sessions: the first session to discuss any proposals on the draft and to seek to "achieve consensus on certain issues"; the second to proceed in the normal way for Diplomatic Conferences.

"Conclusions of the Special Commission of May 2000" (Prel. Doc. No 10 of June 2000)

A series of informal meetings takes place:

  • Washington DC, United States of America (30 October to 1 November 2000) – informal meeting of Government delegates to "take stock of the difficulties that have been raised about the October 1999 preliminary draft text of the convention, and to consider together how to move forward";
  • The Hague, the Netherlands (11-12 December 2000) – joint conference of OECD, International Chamber of Commerce and the Hague Conference on alternative means of dispute resolution;
  • Basel, Switzerland (13-15 December 2000);
  • Geneva, Switzerland (1 February 2001) – experts meeting on the intellectual property aspects of the future convention;
  • Ottawa, Canada (26 February to 2 March 2001) – experts meeting on the specific requirements of electronic commerce; and
  • Edinburgh, United Kingdom (23-26 April 2001) – working group on intellectual property.
See generally "Informational note on the work of the informal meetings held since October 1999 to consider and develop drafts on outstanding items" (Prel. Doc. No 15 of May 2001)

A report of the Hague meeting is available on the OECD website.

For the report of the Geneva meeting, see "Report of the experts meeting on the intellectual property aspects of the future Convention on jurisdiction and foreign judgments in civil and commercial matters" (Prel. Doc. No 13 of April 2001)

See generally “Note on the Relationship Between the Future Hague Judgments Convention and Regional Arrangements, in particular the Brussels and Lugano Instruments” (Annex D to the agenda of the meeting held in Ottawa)

Part I of the 19th Session of the Hague Conference is unable to reach consensus on the preliminary draft convention

Meeting from 6-20 June 2001 as Commission II, delegates discuss the preliminary draft contention in light of developments since its adoption by the Special Commission in November 1999 (see here).

No consensus is reached on the following areas:

  • the internet and e-commerce;
  • activity-based jurisdiction;
  • jurisdiction for consumer contracts and employment contracts;
  • jurisdiction for intellectual property;
  • the relationship with other instruments, particularly regional instruments; and
  • bilateralisation.

However, there is at least in-principle agreement on the following areas:

  • the scope of the Convention;
  • jurisdiction based on the defendant’s forum and choice of court agreements;
  • lis pendens and exceptional circumstances for declining jurisdiction; and
  • most of the chapter on recognition and enforcement.

The status of the draft convention at the outcome of Part I of the 19th Session is documented in an "Interim Text" prepared by the Permanent Bureau.

"Summary of the Outcome of the Discussion in Commission II of the First Part of the Diplomatic Conference 6 – 20 June 2001: Interim Text"

"Some reflections on the present state of negotiations on the judgments project in the context of the future work programme of the Conference" (Prel. Doc. No 16 of February 2002)

"Comments on the preliminary draft Convention, adopted by the Special Commission on 30 October 1999, and on the Explanatory Report by Peter Nygh and Fausto Pocar" (Prel. Doc. No 14 of April 2001)