The Effects of Choice of Court in Iranian Private International Law and Hague Convention 2005

Respect for the party autonomy principle has many various effects on private relationships at internal and international levels. The enforceability of choice of court agreements in the private international context is one of the most important effects of this principle. This effect has clearly been expressed in the law of some countries and the related international instruments. Recognizing such an agreement has effects on both the parties to the jurisdiction agreement and national courts. The article seeks to illustrate the effects of such an agreement. This article with the descriptive-analytical method and comparative approach with a focus on some national laws especially Iranian law and some related international instruments shows that recognizing the exclusive choice of court agreements has negative and positive effects on the parties and the courts. The negative effect is excluding the jurisdiction of the courts of one country and the positive effect is conferring the jurisdiction to the courts of another country.