Choice of court agreements in private international law

[S. S. Stanković Debeljački]

364 str.

Biografija autora: str. 361. Bibliografija: str. 330-360.

International Private and Public Law

Autonomy of will empowers the subjects of a certain cross-border civil or commercial relationship to choose the court to which they entrust the resolution of already existing or future disputes, possibly arising from the relevant legal relationship. It can be the basis of the direct international jurisdiction and one of the grounds of indirect international jurisdiction within the procedure for the recognition of foreign court decisions. Although autonomy of will is globally recognized in comparative international private law, certain differences can still be observed in terms of its admissibility and limitations in various international (global), regional (European) and national legal regulations. In this regard, the aim of the dissertation is to present the development of autonomy of will in the Hague Conventions and to emphasize the importance of the Hague Convention on Choice of Court Agreements in the matter of the prorogation of international jurisdiction, but also the mechanism of recognition and enforcement of decisions of chosen courts. This issue is also important from the perspective of comparing the efficiency of state justice in relation to the attractiveness of an arbitration court as a non-state one. The second aim of the dissertation is reflected in the consideration of the prorogation jurisdiction from a European perspective. European Union regulations are in this regard particularly important for states that aspire to membership in the European Union, such as the Republic of Serbia. The analysis of the secondary legislation of the Union is of importance for the assessment of the (non)compliance of the national regulations of private international law of these states with the scope of autonomy of will in private international law of the European Union. Of equal importance is the question of the relationship of the relevant regulations of the European Union in the field of private international law with the relevant Hague Conventions, most of which have become part of the acquis communautaire. In connection with this goal, the analysis of representative national systems of private international law and/or procedural law is inextricably linked. From the perspective of private international law of the Republic of Serbia, this comparative law approach will indicate an outdated (archaic) approach to the admissibility of autonomy of will in the sphere of international jurisdiction of our judiciary. Also, given the importance of the Hague Convention on Choice of Court Agreements, the reasons for its accession by the Republic of Serbia will be presented, given that, compared to the current national legal framework, it provides a broader grounds for express prorogation, better protection of the effects of an exclusive prorogation agreement, and more relaxed conditions for the recognition and enforcement of decisions of the chosen court.

isključiva prorogirana nadležnost, neisključiva prorogirana nadležnost, Haška konvencija o sporazumima o izboru suda, izričita prorogacija, prećutna prorogacija, međunarodna litispendencija, priznanje i izvršenje odluka izabranog suda, međunarodno privatno pravo Srbije

exclusive prorogated jurisdiction, non-exclusive prorogated jurisdiction, Hague Convention on Choice of Court Agreements, express prorogation, tacit prorogation, recognition and enforcement of decisions of the chosen court, private international law of Serbia

341.981(043.3) 347.988(4-672EU)(043.3) 341.981(497.11)(043.3)

S 150; S 110

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