HCCH 국제재판관할에 관한 협약 초안의 내용과 평가

Since the Hague Conference on Private International Law (HCCH) launched so- called ‘Jurisdiction Project’ in 2020, the Working Group has met 9 times and developed draft Convention, which consists of 5 chapters and 23 provisions. Chapter 1 addresses the scope of the Convention and clarifies key concepts such as parallel proceedings, related actions, and the court seised. Chapter 2 establishes an obligation-based mechanism to resolve international jurisdiction issues in parallel proceedings, seeking to harmonize the civil law systems with the forum non conveniens doctrine of common law systems. This mechanism is primarily based on legal theories regarding jurisdiction and connecting factors, acknowledging exclusive or priority jurisdiction in cases concerning in rem rights over immovable property or where there is an choice of court agreement. Chapter 3 proposes a mechanism for resolving related proceedings based on judicial discretion, allowing for the adjudication by a single court under specific conditions. Chapter 4 covers cooperation, communication, and joint hearings between Contracting States or their courts to ensure the Convention's effective and substantial operation. Chapter 5 contains the general clauses. Across the draft Convention, including Chapter 5, a consistent effort was made to prevent both the abuse of procedure and the denial of justice. This paper examines the specific contents of each provision to assist domestic discussion and, in particular, aims to contribute to the participation of experts and practitioners in the HCCH's consultation process regarding this draft.