The EU Comes Closer To Approving COCA

Letters Blogatory contributor Pietro Franzina has noted the recent decision of the EU justice ministers approving the Hague Convention on Choice of Court Agreements. According to the EU press release, there are a few steps left to take, but it seems that eventually the European Parliament will approve the COCA and it will then enter into force for Europe.

Where does this leave the United States? The last I heard, folks were still arguing about the relative merits of the various proposals for implementing the Convention in US law, which turn on differing views about American federalism that will seem entirely Byzantine to even the most sympathetic foreign observer. The Senate has adjourned until after the mid-term election, and if the polls are accurate and the Republicans will control the Senate beginning in January, then prospects for ratification seem pretty dim. You could say that COCA is a business-friendly commonsense measure that Republicans as well as Democrats should support, but the Republican Party has not been in a treaty-ratifying mood for a long time, so I am not optimistic about the treaty’s prospects in the short- or medium-term.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

Leave a Reply

Your email address will not be published. Required fields are marked *