Verdrag inzake bedingen van forumkeuze:verdragpartijgrp

Verdrag inzake bedingen van forumkeuze

Partijen en gegevens

Geldend

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Bronnen

Trb. 2009, 31

Trb. 2015, 101

Partijen

Partij

Datum inwerkingtreding

Voorbehoud

Albanië

01-10-2024

Denemarken

01-09-2018

EU (Europese Unie)

01-10-2015

Mexico

01-10-2015

Moldavië

01-07-2024

Montenegro

01-08-2018

Noord-Macedonië

01-03-2025

Oekraïne

01-08-2023

Singapore

01-10-2016

Verenigd Koninkrijk

01-01-2021

Zwitserland

01-01-2025

Voorbehouden, verklaringen en bezwaren

1

Ondertekening door de EU (Europese Unie) onder de volgende verklaring:

The European Community declares, in accordance with Article 30 of the Convention on Choice of Court Agreements, that it exercises competence over all the matters governed by this Convention. Its Member States will not sign, ratify, accept or approve the Convention, but shall be bound by the Convention by virtue of its conclusion by the European Community.

For the purpose of this declaration, the term ‘European Community’ does not include Denmark by virtue of Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.

De EU (Europese Unie) heeft op 29-01-2010 de volgende verklaring afgelegd:

[...] as from 1 December 2009, the European Union has replaced and succeeded the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon) and has exercised all rights and assumed all obligations of the European Community whilst continuing to exercise existing rights and assume obligations of the European Union.

The General Secretariat of the Council of the European Union, therefore has the honour to notify the Permanent Representation of the Netherlands to the European Union that, as from 1 December 2009, the European Community has been replaced and succeeded by the European Union in respect of all Conventions/Agreements for which the Ministry of Foreign Affairs of the Kingdom of the Netherlands is the depositary and to which the European Community, replaced from 1 December 2009 by the European Union, is a contracting party.

Ratificatie door de EU (Europese Unie) onder de volgende verklaringen:

The objective of this declaration which excludes certain types of insurance contracts from the scope of the Convention is to protect certain policyholders, insured parties and beneficiaries who, according to internal EU law, receive special protection.

1.

The European Union declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 2 below.

2.

The European Union will apply the Convention to insurance contracts in the following cases:

(a)

where the contract is a reinsurance contract;

(b)

where the choice of court agreement is entered into after the dispute has arisen;

(c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)

aircraft;

(c)

railway rolling stock;

(ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

(iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)

ships, installations or vessels as referred to in point (i)(a);

(b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)

railway rolling stock;

(iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;

(vi)

any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)

a balance-sheet total of EUR 6,2 million;

(b)

a net turnover of EUR 12,8 million;

(c)

an average number of 250 employees during the financial year.

The European Union makes the following unilateral declaration:

The European Union declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

Wat betreft het Koninkrijk der Nederlanden, zal het Verdrag alleen gelden voor Nederland (het Europese deel), als lidstaat van de Europese Unie.

2

Toetreding door Denemarken onder de volgende verklaringen:

Declaration by the Kingdom of Denmark at the time of accession to the Hague Convention of 30 June 2005 on Choice of Court Agreements (‘the Convention’) in accordance with Article 21 thereof

The objective of this declaration which excludes certain types of insurance contracts from the scope of the Convention is to protect certain policyholders, insured parties and beneficiaries who, according to internal EU law, receive special protection.

1)

The Kingdom of Denmark declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 2 below.

2)

The Kingdom of Denmark will apply the Convention to insurance contracts in the following cases:

a)

where the contract is a reinsurance contract;

b)

where the choice of court agreement is entered into after the dispute has arisen;

c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

b)

aircraft;

c)

railway rolling stock;

ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

a)

ships, installations or vessels as referred to in point i) a);

b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

c)

railway rolling stock;

iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point ii);

v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point i), in particular loss of freight or charter-hire;

vi)

any risk or interest connected with any of the risks referred to in points i) to v);

vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

a)

a balance-sheet total of EUR 6,2 million;

b)

a net turnover of EUR 12,8 million;

c)

an average number of 250 employees during the financial year.

Unilateral declaration by the Kingdom of Denmark at the time of accession to the Hague Convention of 30 June 2005 on Choice of Court Agreements (‘the Convention’)

The Kingdom of Denmark makes the following unilateral declaration:

The Kingdom of Denmark declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

The Convention shall not apply to the Faroe Islands and Greenland.

3

Toetreding door het Verenigd Koninkrijk onder de volgende verklaringen:

The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:

1.

The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:

(a)

where the contract is a reinsurance contract;

(b)

where the choice of court agreement is entered into after the dispute has arisen;

(c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)

aircraft;

(c)

railway rolling stock;

(ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

(iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)

ships, installations or vessels as referred to in point (i)(a);

(b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)

railway rolling stock;

(iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;

(vi)

any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)

balance-sheet total of EUR 6,2 million;

(b)

net turnover of EUR 12,8 million;

(c)

an average number of 250 employees during the financial year.

2.

The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

With the following Note Verbale:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”) which it has today deposited concerning the accession of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “2005 Hague Convention”).

In accordance with Article 29 of the 2005 Hague Convention, the United Kingdom is bound by the Convention by virtue of its membership of the European Union, which approved the Convention on behalf of its Member States. The United Kingdom intends to continue to participate in the 2005 Hague Convention after it withdraws from the European Union.

The Government of the United Kingdom and the European Council have reached political agreement on the text of a treaty (the “Withdrawal Agreement”) on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community. Subject to signature, ratification and approval by the parties, the Withdrawal Agreement will enter into force on 30 March 2019.

The Withdrawal Agreement includes provisions for a transition period to start on 30 March 2019 and end on 31 December 2020 or such later date as is agreed by the United Kingdom and the European Union (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2005 Hague Convention, would continue to be applicable to and in the United Kingdom. The European Union and the United Kingdom have agreed that the European Union will notify other parties to international agreements that during the transition period the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2005 Hague Convention.

In the event that the Withdrawal Agreement is not ratified and approved by the United Kingdom and the European Union, however, the United Kingdom wishes to ensure continuity of application of the 2005 Hague Convention from the point at which it ceases to be a Member State of the European Union. The United Kingdom has therefore submitted the Instrument of Accession in accordance with Article 27(4) of the 2005 Hague Convention only in preparation for this situation. The Instrument of Accession declares that the United Kingdom accedes to the 2005 Hague Convention in its own right with effect from 1 April 2019.

In the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union and enters into force on 30 March 2019, the United Kingdom will withdraw the Instrument of Accession which it has today deposited. In that case, for the duration of the transition period as provided for in the Withdrawal Agreement as stated above, the United Kingdom will be treated as a Member State of the European Union and the 2005 Hague Convention will continue to have effect accordingly.

The Embassy of the United Kingdom of Great Britain and Northern Ireland to the Kingdom of the Netherlands avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Het Verenigd Koninkrijk heeft op 28-03-2019 de volgende verklaring afgelegd:

Since the deposit of the Instrument of Accession and the Note Verbale, the European Council and the United Kingdom have agreed to extend the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the ‘Extension Period’). During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.

The length of the Extension Period is contingent on whether the Parliament of the United Kingdom approves an agreement between the United Kingdom and the European Union on the withdrawal of the United Kingdom from the European Union (the ‘Withdrawal Agreement’). In its Decision on 22 March 2019 (the ‘European Council Decision’) the European Council stated:

‘In the event that the Withdrawal Agreement is approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 22 May 2019. In the event that the Withdrawal Agreement is not approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 12 April 2019. In that event, the United Kingdom will indicate a way forward before 12 April 2019, for consideration by the European Council.’

The Government of the United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. In view of the short period of extension, the Government declares that it suspends the date of the United Kingdom's accession to the Agreement from 1 April 2019, as stipulated in the Note Verbale, until 13 April 2019, or until 23 May 2019, as the case may be in accordance with the European Council Decision.

As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Accession which it deposited on 28 December 2018.

Het Verenigd Koninkrijk heeft op 12-04-2019 de volgende verklaring afgelegd:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the ‘Instrument of Accession’) which it deposited on 28 December 2018, and Note Verbale which it deposited on 28 March 2019 (the ‘Note Verbale’), concerning the accession by the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the ‘Agreement’), and wishes to make the following declaration in respect of the accession of the United Kingdom to the Agreement.

Since the deposit of the Note Verbale, in its Decision of 11 April 2019 (the ‘European Council Decision’) taken in agreement with the United Kingdom, the European Council has agreed a further extension until 31 October 2019 of the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the ‘Extension Period’). During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom. The Government of the United Kingdom therefore has the honour to declare that the United Kingdom’s accession to the Agreement should remain suspended until 1 November 2019 in accordance with the European Council Decision.

As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Accession which it deposited on 28 December 2018.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Toepasselijkverklaring door het Verenigd Koninkrijk voor Gibraltar op 31-07-2019 vanaf 01-01-2021 onder de volgende verklaring:

With the following declarations:

The Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the accession to the Agreement by the United Kingdom to the territory of Gibraltar, for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers that the extension of the Agreement to the territory of Gibraltar will come into effect upon entry into force of the Agreement for the United Kingdom. The territorial extension to Gibraltar is subject to the declarations made by the United Kingdom on behalf of Gibraltar that are annexed to this declaration.

The United Kingdom of Great Britain and Northern Ireland declares on behalf of HM Government of Gibraltar, in accordance with Article 21 of the Convention, that Gibraltar will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:

1.

Gibraltar will apply the Convention to insurance contracts in the following cases:

(a)

where the contract is a reinsurance contract;

(b)

where the choice of court agreement is entered into after the dispute has arisen;

(c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)

aircraft;

(c)

railway rolling stock;

(ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

(iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)

ships, installations or vessels as referred to in point (i)(a);

(b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)

railway rolling stock;

(iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charterhire;

(vi)

any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)

a balance-sheet total of EUR 6,2 million;

(b)

a net turnover of EUR 12,8 million;

(c)

an average number of 250 employees during the financial year.

2.

The United Kingdom of Great Britain and Northern Ireland declares on behalf of HM Government of Gibraltar that Gibraltar may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain this declaration under Article 21 of the Convention.

With the following Note Verbale:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “Agreement”), which it deposited on 28 December 2018 alongside a Note Verbale of the same date, and to the subsequent Notes Verbales which it deposited on 28 March 2019 and 12 April 2019.

As the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) has previously stated, in the event that the Withdrawal Agreement is not ratified and approved by the United Kingdom and the European Union, the United Kingdom wishes to ensure continuity of application of the Agreement from the point it ceases to be a Member State of the European Union. The United Kingdom is responsible for the international relations of Gibraltar and wishes to ensure that Gibraltar continues to be covered by the Agreement in the event that the Withdrawal Agreement is not approved.

Her Britannic Majesty’s Embassy has therefore deposited today a declaration extending the United Kingdom’s accession to the Agreement to Gibraltar.

The territorial extension to Gibraltar is subject to the declarations made by the United Kingdom on behalf of Gibraltar that are annexed to the declaration on territorial extent deposited today.

In the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Accession and neither the Instrument of Accession nor the declaration of territorial extent, including the declarations annexed thereto, deposited today would take effect.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Het Verenigd Koninkrijk heeft op 30-10-2019 de volgende verklaring afgelegd:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the ‘Instrument of Accession’), which it deposited on 28 December 2018, and Declarations which it deposited on 28 March 2019 and 12 April 2019, concerning the accession by the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the ‘Agreement’), and wishes to make the following declaration in respect of the accession by the United Kingdom to the Agreement.

In its Decision of 29 October 2019 (the ‘European Council Decision’), the European Council has agreed a further extension of the period for the withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on the European Union (the ‘Extension Period’) which would last until 31 January 2020, or any of the earlier specified dates on which the Withdrawal Agreement enters into force.

During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.

The Government of the United Kingdom therefore has the honour to declare that the United Kingdom’s accession to the Agreement, including its extension to Gibraltar, should remain suspended until 1 February 2020 in accordance with the European Council Decision.

In the event that a Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union and enters into force prior to or on 1 February 2020, the United Kingdom will withdraw the Instrument of Accession which it deposited on 28 December 2018.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Het Verenigd Koninkrijk heeft op 31-01-2020 de volgende verklaring afgelegd:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”), which it deposited alongside a Note Verbale (the “Note Verbale”) on 28 December 2018, and declarations which it deposited on 28 March 2019, 12 April 2019 and 30 October 2019 (“Declarations”), concerning the accession by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) to the Hague Convention on Choice of Court Agreements of 30 June 2005 (the “Agreement”).

Since the deposit of the Instrument of Accession, the United Kingdom and the European Union have signed, ratified and approved a Withdrawal Agreement, which will enter into force on 1 February 2020 (the “Withdrawal Agreement”). The Withdrawal Agreement includes provisions for a transition period to start on the date the Withdrawal Agreement enters into force and end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the Agreement, will continue to be applicable to and in the United Kingdom.

In accordance with the arrangements proposed in the Note Verbale and Declarations, the Government of the United Kingdom is therefore writing to notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of its withdrawal of the Instrument of Accession, Note Verbale and Declarations. The United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. The United Kingdom therefore intends to deposit a new instrument of accession at the appropriate time prior to the termination of the transition period.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of Netherlands the assurances of its highest consideration.

Ratificatie door het Verenigd Koninkrijk onder de volgende verklaringen:

1.

The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:

(a)

where the contract is a reinsurance contract;

(b)

where the choice of court agreement is entered into after the dispute has arisen;

(c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)

aircraft;

(c)

railway rolling stock;

(ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

(iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)

ships, installations or vessels as referred to in point (i)(a);

(b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)

railway rolling stock;

(iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;

(vi)

any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)

balance-sheet total of EUR 6,2 million;

(b)

net turnover of EUR 12,8 million;

(c)

an average number of 250 employees during the financial year.

2.

The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

With the following Note Verbale:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”) which it has today deposited to achieve the accession of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “2005 Hague Convention”).

In accordance with Article 30 of the 2005 Hague Convention, the United Kingdom became bound by the Convention on 1 October 2015 by virtue of its membership of the European Union, which approved the Convention on that date.

The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Withdrawal Agreement”) entered into force on 1 February 2020. The Withdrawal Agreement includes provisions for a transition period, which started on 1 February 2020 and will end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2005 Hague Convention, continues to be applicable to and in the United Kingdom and the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2005 Hague Convention.

With the intention of ensuring continuity of application of the 2005 Hague Convention, the United Kingdom has submitted the Instrument of Accession in accordance with Article 27(4) of the 2005 Hague Convention. Whilst acknowledging that the Instrument of Accession takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2005 Hague Convention entered into force for the United Kingdom on 1 October 2015 and that the United Kingdom is a Contracting State without interruption from that date.

Her Britannic Majesty’s Embassy has further the honour to refer to an instrument deposited on 31 July 2019, declaring that its accession to the 2005 Hague Convention would be also in respect of Gibraltar, and that this accession in respect of Gibraltar would be subject to declarations accompanying. The United Kingdom considers that this accession in respect of Gibraltar, and the accompanying declarations, were withdrawn by operation of the instrument deposited by the United Kingdom on 31 January 2020. The United Kingdom is, however, now acceding to the Convention also in respect of Gibraltar and so the declarations now accompanying the present Instrument of Accession apply also to Gibraltar, as specified. The United Kingdom intends to make further declarations with respect to Gibraltar in due course.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Toepasselijkverklaring door het Verenigd Koninkrijk voor Gibraltar op 28-09-2020 vanaf 01-01-2021 onder de volgende verklaring:

(…) Her Majesty’s Government hereby expresses its consent for the United Kingdom of Great Britain and Northern Ireland, and for Gibraltar, to be bound by the Convention subject to the following Declarations:

The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:

1.

The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:

(a)

where the contract is a reinsurance contract;

(b)

where the choice of court agreement is entered into after the dispute has arisen;

(c)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)

aircraft;

(c)

railway rolling stock;

(ii)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

(iii)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)

ships, installations or vessels as referred to in point (i)(a);

(b)

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)

railway rolling stock;

(iv)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charterhire;

(vi)

any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)

a balance-sheet total of EUR 6,2 million;

(b)

a net turnover of EUR 12,8 million;

(c)

an average number of 250 employees during the financial year.

2.

The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.

With the following Note Verbale:

Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”) which it has today deposited to achieve the accession of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “2005 Hague Convention”).

In accordance with Article 30 of the 2005 Hague Convention, the United Kingdom became bound by the Convention on 1 October 2015 by virtue of its membership of the European Union, which approved the Convention on that date.

The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Withdrawal Agreement”) entered into force on 1 February 2020. The Withdrawal Agreement includes provisions for a transition period, which started on 1 February 2020 and will end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2005 Hague Convention, continues to be applicable to and in the United Kingdom and the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2005 Hague Convention.

With the intention of ensuring continuity of application of the 2005 Hague Convention, the United Kingdom has submitted the Instrument of Accession in accordance with Article 27(4) of the 2005 Hague Convention. Whilst acknowledging that the Instrument of Accession takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2005 Hague Convention entered into force for the United Kingdom on 1 October 2015 and that the United Kingdom is a Contracting State without interruption from that date.

Her Britannic Majesty’s Embassy has further the honour to refer to an instrument deposited on 31 July 2019, declaring that its accession to the 2005 Hague Convention would be also in respect of Gibraltar, and that this accession in respect of Gibraltar would be subject to declarations accompanying. The United Kingdom considers that this accession in respect of Gibraltar, and the accompanying declarations, were withdrawn by operation of the instrument deposited by the United Kingdom on 31 January 2020. The United Kingdom is, however, now acceding to the Convention also in respect of Gibraltar and so the declarations now accompanying the present Instrument of Accession apply also to Gibraltar, as specified. The United Kingdom intends to make further declarations with respect to Gibraltar in due course.

Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

4

Oekraïne heeft op 08-12-2023 de volgende verklaring afgelegd:

[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.

The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:

https://zakon.rada.gov.ua/laws/show/z1668-22#Text

5

Toetreding door Moldavië onder de volgende verklaring:

1.

Republic of Moldova declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 2 below.

2.

The Republic of Moldova will apply the Convention to insurance contracts in the following cases:

1)

where the contract is a reinsurance contract;

2)

where the choice of court agreement is entered into after the dispute has arisen;

3)

where, without prejudice to Article 1 (2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

4)

where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

a)

any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

—

seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

—

aircraft;

—

railway rolling stock;

b)

any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport;

c)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

—

ships, installations or vessels as referred to in point a), first subpoint;

—

aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

—

railway rolling stock;

d)

any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point b);

e)

any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point a), in particular loss of freight or charter-hire;

f)

any risk or interest connected with any of the risks referred to in points a) to e);

g)

any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

h)

any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

—

a balance-sheet total of EUR 6 200 000;

—

a net turnover of EUR 12 800 000;

—

an average number of 250 employees during the financial year.

6

Toetreding door Zwitserland onder de volgende verklaring:

In accordance with Article 22, paragraph 1, Switzerland declares that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement).

Deze functie is alleen te gebruiken als je bent ingelogd.