Tag Archives: Hague Choice of Court Agreements Convention

COCA: Bad News on US Ratification

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, but with state law clearly in the driver’s seat.
Continue reading COCA: Bad News on US Ratification

The US Ratifies The Child Support Convention: What About COCA?

Christophe Bernasconi, Sharla Draemel, Coos ‘t Hoen, and Philippe Lortie with the US instrument of ratification
The US deposits its instrument of ratification. Credit: Hague Conference on Private International Law

The United States signed the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in November 2007, when the Convention was concluded. It was the first state to sign. The Senate gave its advice and consent to ratification in 2010. There were a few signatures in the following years, but there was no real action until the European Union signed in 2011. But even then, the United States did not ratify the Convention until August 2016.
Continue reading The US Ratifies The Child Support Convention: What About COCA?

COCA Update

Readers, if you missed the Georgetown International Arbitration Week event on the effect of the Choice of Court Agreement Convention on international arbitration yesterday, you missed a pretty good discussion. Marta Pertegás started us off with an overview of the history of COCA and of the Hague Conference more generally, and she showed us a map of states, including significant states such as China, Australia, and Canada, that were at various stages of considering signing the Convention. Chuck Kotuby and I both discussed the reasons why US ratification and implementation is so important. David Stewart and Peter Trooboff presented the two approaches to implementation in the US— the cooperative federalism approach and the federal-only approach.
Continue reading COCA Update