The Seminar will introduce and expand on the main features of the HCCH Convention of 30 June 2005 on Choice of Court Agreements. This international treaty aims at ensuring the effectiveness of choice of court agreements (also known as “forum selection clauses” or “jurisdiction clauses”) between parties to international commercial transactions. In order to manage risk, parties often seek to agree in advance on how disputes arising out of a transaction between them will be resolved. In some cases, the parties will refer the dispute to arbitration. In others, they will agree to litigate before a designated court. Although arbitration agreements in international cases are almost universally recognised pursuant to the rules established by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, choice of court agreements are not always respected under divergent national rules, particularly when cases are brought before a court other than the one designated by the parties. The Choice of Court Convention seeks to rectify this situation, thereby promoting greater legal certainty for cross-border business and creating a climate more favourable to international trade and investment, as underscored by the International Chamber of Commerce.

About the Speaker:
Dr. João Ribeiro-Bidaoui is First Secretary at the Permanent Bureau of the Hague Conference on Private International Law (HCCH). He has primary responsibility over the 2005 Choice of Court and 2019 Judgments Conventions, the HCCH Principles on Choice of Law, the Jurisdiction Project, the Tourists and Visitors (ODR) Project, as well as the 1965 Service, 1970 Evidence, and 1980 Access to Justice Conventions. Previously, Dr. Ribeiro-Bidaoui was Head of the UNCITRAL Regional Centre for Asia and the Pacific (2013-2018) and served as Head of International Affairs of the Ministry of Justice of Portugal (2009-2011). His first long-term work experience in Asia was as legal counsel of the Secretary for Social Affairs and Culture of the Government of Macau, China. While in Macau (2002-2008), he also lectured International Business Law and International Law at the University of Macau. Dr. Ribeiro-Bidaoui holds a bachelor’s degree and a masters in law from the University of Coimbra (Portugal), a masters in juridical sciences from the University of Macau (China), and a doctoral degree from the New University of Lisbon (Portugal) (summa cum laude). He is currently conducting research at the University of Cambridge (United Kingdom) on legitimacy issues related to treaty law-making.