Zohra Mchirgui (University of Tunis) has published a monograph on Exclusive Choice of Court Agreements under the 2005 Hague Convention (L’accord exclusif d’élection de for à travers la Convention de La Haye de 2005). The book is a revised version of the doctoral dissertation that she defended at the University of Luxembourg a few years ago (disclosure: under my supervision).
The project of the book is to assess the efficacy of choice of court agreements under the Hague Convention. It focuses on the jurisdictional rules of the Convention, that is the rules governing the validity and the effects of choice of court agreements, but does not deal with the enforcement of judgments.
Among the many issues of interpretation that are covered in the book, Ms Mchirgui discusses the meaning of “manifest injustice” under Art 6(c) of the Convention and argues that it should be limited to violations of the right of access to court. She also discusses the weird reference to public policy in the same provision (which is typically used to confront the application/recognition of foreign norms with the values of the forum) and argues that it should be lead to an assessment of the probability of the application by the chosen court of norms protecting the same values as the overriding mandatory provisions of the non chosen court.
For more details on the book and free access to the first pages, see here.
The project of the book is to assess the efficacy of choice of court agreements under the Hague Convention. It focuses on the jurisdictional rules of the Convention, that is the rules governing the validity and the effects of choice of court agreements, but does not deal with the enforcement of judgments.
Among the many issues of interpretation that are covered in the book, Ms Mchirgui discusses the meaning of “manifest injustice” under Art 6(c) of the Convention and argues that it should be limited to violations of the right of access to court. She also discusses the weird reference to public policy in the same provision (which is typically used to confront the application/recognition of foreign norms with the values of the forum) and argues that it should be lead to an assessment of the probability of the application by the chosen court of norms protecting the same values as the overriding mandatory provisions of the non chosen court.
For more details on the book and free access to the first pages, see here.
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