헤이그 재판관할합의협약 및 재판협약에 대한 고찰

초록

In international litigation law, the international conventions that have been the subject of ongoing discussion recently are the ｢2005 Hague Convention on Choice of Court Agreements｣ (hereinafter referred to as the ‘Hague Choice of Court Convention’ or ‘Choice of Court Convention’) and the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (hereinafter referred to as the ‘2019 Hague Judgments Convention’ or ‘Hague Judgments Convention’). Regarding the Choice of Court Convention and the Hague Judgments Convention, this Article examines (i) the status of current Contracting States, (ii) the content of reservations/declarations/notifications/communications with the depositary of the Contracting States under two Conventions, respectively, and (iii) matters to consider upon accession. or ratification of the two Conventions. In light of the entry into force of the Choice of Court Convention in the United Kingdom, Singapore, and European Union, the Republic of Korea should actively consider ratification of this Convention. Although this Convention applies only to exclusive international jurisdiction agreements, Contracting States may extend its application to non-exclusive agreements through declarations under Article 22. A good illustrative is Switzland. Given the frequent use of exclusive jurisdiction agreements in international transactions, the Convention would gain significant practical importance in international trade if adopted by a large number of countries. As of October 20, 2025, no Asian country has acceded to or ratified the Hague Jurisdictions Convention.. Given this situation, when considering becoming the first Asian country to accede to or ratify the Hague Jurisdictions Convention, it is essential to fully consider that the majority of Contracting States are European Union countries. Furthermore, regardless of whether it is the Hague Choice of Court Convention or the Hague Judgments Convention, both agreements operate only between Contracting States. Consequently, existing domestic case law will still apply to companies or citizens of non-contracting states, potentially creating a dual system of case law. Therefore, it is also important to note that situations where existing domestic case law remains unchanged will still exist.

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