7 Implementing Legislation for the Hague Choice of Court Convention

Abstract

This chapter explores the path that led to the present situation regarding the implementing legislation for the Hague Convention on Choice of Court Agreements (COCA). It summarizes and explains the broad arc of the author's experience in attempting to implement the treaty and the choices that now remain open to the Administration. The chapter examines some alternatives perspectives on the arguments that those supporting the uniform law commissioners (ULC) position tend to advance in support of adopting federalism in implementing COCA. In view of the foregoing, it is hardly surprising that experienced practitioners and many scholars in the field expected that implementation of COCA would follow the pattern of the New York Convention and provide for arising under subject matter jurisdiction in federal courts. Various ULC officers and representatives have explained that there are ways to correct the Uniform Act even though it was finally voted upon and approved. Keywords: COCA; cooperative federalism; Hague Convention; New York Convention; Uniform Law Commissioners (ULC)