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DeveLAWpment

Hague Convention of 2005 on Choice of Court Agreements is the latest document elaborated and adopted within the framework of the Hague Conference on Private International Law aiming at unification of matters concerning jurisdiction and recognition and enforcement of judgments rendered on the ground of the choice of court agreement. Due to the fact the previous Hague Convention relating to jurisdiction and recognition and enforcement of judgments did not entered in force scholars tried to evade and eliminate all dubious and contentious matters. The Convention of 2005 covers only judgments rendered under the choice of court agreement. The Convention provides for two following grounds for refusal of enforcement: 1) the party lacks the capacity to conclude the choice of court agreement and 2) that the choice of court agreement is null and void. The provision of Article 11 may be treated as innovative as it provides for that the court may refuse to recognize and enforce a judgment awarding damages, including exemplary or punitive damages that do not compensate a party for actual loss or harm suffered. This rule is the first to establish a ground for refusal of recognition and enforcement founding on material questions (on the questions of the merits of the judgments) instead of procedural icpdf.