A G E N D A
Drafting Committee on the Hague Choice of Court Convention
Drafting Committee
Meeting, June 13-14, 2008;
I. Review of the Committee’s Charge
The Executive Committee adopted the following resolution of the Scope and Program Committee when the Executive Committee approved the establishment of this Committee at its January 2008 meeting:
RESOLVED, that the Committee on Scope and Program recommends to the Executive Committee that a drafting committee on the implementation of the Hague Convention on Choice of Court Agreements be formed for the following purposes:
To draft implementing legislation to implement the Convention in a manner that preserves, to the extent possible, the current federal-state balance in the areas covered by the Convention;
To draft appropriate Declarations and Understandings for the Convention in coordination with the U.S. Department of State Office of Private International Law; and
To coordinate, to the extent it determines it appropriate, implementing legislation for the Convention with other relevant uniform laws.
Materials: Study Committee Report of December 7, 2007.
II. Review of Relevant Treaty Principles and Implementation Methods
Materials:
Memo of September 28, 2007 from Kathleen Patchel to Participants in Informational Meeting Regarding Implementation of Treaties;
Memo of April 25, 2008 from Kathy Patchel to Martha
Walters, et.al. Re
III. Implementation Timing and Process re the Choice of Court Convention
IV. Review of the Choice of Court Convention
Materials:
Convention of 30 June 2005 on Choice of Court Agreements;
Trevor Hartley & Masato Dogauchi, Explanatory Report for the Choice of Court Convention;
Louise Ellen Teitz, The Hague Choice of Court Convention: Validating Party Autonomy and Providing an Alternative to Arbitration, 53 Am J. Comp. L. 543 (2005)
V. Comparison of the Choice of Court Convention with Current Law
Materials:
Memo of June 10, 2008 from Louise Ellen Teitz and Kathleen Patchel to Choice of Court Drafting Committee [to be distributed separately];
Uniform Foreign-Country Money Judgment Recognition Act;
1968 Model Choice of Forum Act (now withdrawn)
VI. Preliminary Issues
VII. Suggestions re Observers
VIII. Process Going Forward