ABSTRACT: This article analyses the convention recently concluded by the Hague Conference on Private International Law, which in 2005 approved the Convention on Choice of Court Agreement, applicable to international contracts. This Convention aims to promote a return of the parties in international trade to the judiciary to settle their litigation, when it establishes the same conditions of security to the choice of court agreement that already exists to arbitral agreements. Due to the New York Convention about International Arbitration, recently adopted by Brazil , there is great juridical security to the enforcement of international arbitral awards not only here but in the majority of the countries, turning itself into a truly global convention. However, the situation is rather different to contracts with choice of court agreement, since there was not, before the Hague Convention of 2005, a global document that would guarantee the application of the choice of court agreement. This article analyses the work done by the Hague Conference on Private International Law, as well as the role of Brazil in the organization since its return in 2001. In sequence, it is held an analysis of the Convention, underlining its main points, making a comparison to the Brazilian legislation, focusing on its adoption.
Revista Brasileira de Arbitragem