Author(s)

Feng Xia, Liu Liu^*

School of International Law, China University of Political Science and Law, Beijing, China.

The Convention on the Choice of Court Agreements provides for a declaration of a specific matter under Article 21 of the general provisions of chapter IV, that is, when a State has a strong interest in not applying the Convention to a particular matter, it may declare that the Convention is not applicable in this matter. However, for what is a “strong interest”, what matters can constitute a “strong interest”, the Convention does not make a statement. As a Contracting Party, EU declares that it will not apply the Convention to certain types of insurance contracts that EU has strong interests in when acceding to the Convention. Therefore, in-depth analysis of the connotation of the “strong interests”, while clearly distinguishing it from public order, and learning from the European experience, will help China make a clear statement on matters related to the “strong interest” in the ratification of the Convention.

Convention on Choice of Court Agreements, Strong Interests, Public Order, Article 21, Private International Law

Xia, F. and Liu, L. (2022) On the Declaration of Matters Which Have “Strong Interests” under Article 21 of the Convention on Choice of Court Agreements. Beijing Law Review, 13, 145-170. doi: 10.4236/blr.2022.131010.