Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Hague Choice of Court Agreements Convention

Brexit Update: The UK’s Interesting COCA Accession

Posted on January 4, 2019

The United Kingdom deposited its instrument of accession to the Hague Convention on Choice of Court Agreements yesterday. The UK is currently bound by the Convention, because the European Union approved the Convention in 2015. Under the terms of that approval, the Convention bound all EU states except Denmark. But with Brexit on the horizon, the new accession is not a surprise.

+Read more

COCA: Bad News on US Ratification

Posted on January 11, 2017

I’ve been following the efforts to ratify the Hague Choice of Court Agreement Convention, COCA, for a long time. As readers will remember, the United States has signed the Convention but not ratified it. The hold-up has to do with disputes about how to implement the non-self-executing Convention in US law. For a summary, you may want to read this post from about a year ago. In summary: the bar and several academics have proposed a federal implementing statute analogous to the FAA, which implements the New York Convention. On the other hand, the Uniform Law Commission, which promulgates uniform laws for states to enact, has taken the view that the Convention should be implemented through a uniform law, supplemented by a federal statute,…

+Read more