Record Participation at the Council on General Affairs and Policy of the Hague Conference on Private International Law

 A new record was set for the Council on General Affairs and Policy of this major international organisation: over 200 participants convened from over sixty countries and many international organisations including the Ohada, represented by its permanent secretary, Dorothé Cossi Sossa.

Amongst the other organisations: the American Association of Private International Law (Asadip), the Council of Bars and Law Societies or Europe (CCBE), the International Association of Judges (IAJ), the International Bar Association (IBA), the International Organization for Migration (IOM), the International Institute for the Unification of Private Law (Unidroit), the International Law Association (ILA), the International Swaps and Derivatives Association (ISDA), the International Union of Latin Notaries (UINL), the P.R.I.M.E Finance Foundation, the Southern Common Market (Mercosur), the United Nations Commission on International Trade Law (Uncitral), the United Nations Children's Fund (Unicef) and the World Intellectual Property Organization (WIPO).

Christophe Bernasconi, Secretary General of The Hague Conference, said he was amazed with the growing number of participants. He recalled that The Hague Conference included three new Member States: Azerbaijan, Singapore and Tunisia. This organisation now includes 78 members (77 States and the European Union). Mr Bernasconi gave an overview of activities since the last Council meeting. He particularly referred to the Hague Principles on the Choice of Law in Commercial Contracts that had just been adopted and which is the 40th instrument of The Hague Conference.

Antti Leinonen (Finland) expertly chaired this Council. The agenda included many topics of interest to the profession of judicial officer concerning civil procedure and enforcement of court decisions: choice of law in international contracts, recognition and enforcement of foreign protection orders, cross-border recognition and enforcement of agreements reached in the course of international child disputes, Judgments Projects...

Marta Pertegas, First Secretary of The Hague Conference, presented the new instrument on the choice of law in commercial contracts. Philippe Lortie, First Secretary of the Hague Conference, gave an account of the progress of the work of the i-Support project. This project which includes the participation of the UIHJ, concerns the Future electronic case management and communication system in support of The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

Mayela Celis Aguilar, Principal Legal Officer at The Hague Conference, gave an account of the work to which the UIHJ participated on the review of the Practical Handbook on the Operation of the Service Convention. The Council adopted this handbook as well as the new Practical Handbook on the Operation of the Evidence Convention.

Mathieu Chardon presented the congratulations of the UIHJ to The Hague Conference on these new handbooks. He said they were going to enhance the use of the conventions and ensure a better promotion of these instruments. The First Secretary of the UIHJ recalled how the Service Convention ensured litigants and law practitioners a greater security and allowed a faster resolution of cross-border disputes.

Ignacio Goicoechea and Anselmo Reyes, representatives of the Hague Conference respectively for Latin America and Asia Pacific, explained the progress made in recent months and future projects.

Christophe Bernasconi welcomed the presence of his organisation in these areas of the world. However, he regretted the low number of member countries in Africa (Seven). He felt that the representation on the continent should be strengthened to fully illustrate the global nature of the Hague Conference. He presented the short, medium and long terms strategy to develop the presence of the organisation. He praised the fruitful ongoing cooperation with the Organisation for Harmonisation in Africa of Business Law (Ohada).

Dorothé Cossi Sossa thanked the Secretary General for inviting the Ohada once more in The Hague. He mentioned the creation of the Ohada and the establishment of common rules (Uniform Acts) in 17 African countries in the field of business law. The Permanent Secretary of Ohada stressed the interest for investors, individuals, legal professionals and governments to have clear rules, known to all and shared by countries.

Mathieu Chardon went on and gave the example of the Ohada Uniform Act on Enforcement of Court Decisions. He said the judicial officers of the member countries of the Ohada were using exactly the same rules when enforcing court decisions, which is unique in the world. The Common Court of Justice and Arbitration of Ohada settles disputes when they occur. This gives a high readability in all member States of the Ohada. The UIHJ is present in Africa for nearly 20 years. 28 African countries are now members of the UIHJ. The Ohada has undoubtedly been a key element in this development.

Like the UIHJ, The Hague Conference continues to grow inexorably. Moldova became a member during the Council. Other countries should join in the coming months.

At the end the Council, the countries adopted the conclusions and recommendations prepared by the Permanent Bureau.