Box 10: The Draft Hague Convention on Jurisdiction and Enforcement of Judgments (2001 draft): mandatory, prohibited and

optional grounds for jurisdiction of the forum state (State X) Note: The provisions of the Draft Hague Convention are complex and the below is not an exhaustive list. Note also that many of the provisions of the 2001 draft were still contested by some states. [Square brackets] are used to indicate proposals on wh ich a general consensus could not be reached. White list (mandatory grounds) Where State X is the place where the defendant is [habitually] resident; Where the parties have agreed that State X shall have jurisdiction; Contract cases [where the defendant maintains a high degree of activity in State X]; Where the defendant has a branch or agency in State X (provided that the dispute relates to the activities of the branch or agency) [and provided further that subsidiaries should not automatically to be regarded as a branches or agencies of a foreign company for this purpose]; Tort cases (where State X is either (a) the place of commission of the wrongful act or (b) the place where the injury arose [OR where the defendant maintains a high degree of activity in State X provided that the claim arises out of that activity]); [Where the case concerns rights in immovable property located in State X]. Black list (prohibited grounds) Where there is no substantial connection between State X and the dispute; and in particular, jurisdiction may not be based solely upon [The presence of property in State X owned by the defendant (except where the dispute relates to that property);] The fact that the plaintiff is a national or resident of State X; The fact that the defendant is a national of State X; [The mere fact that the defendant carries on business in State X (except where the claim arises from that business)]; [The temporary presence of the defendant in State X;] [The location of a subsidiary of the defendant in State X]. [but jurisdiction should be preserved in relation to genocide, war crimes and crimes against humanity]. Grey list (optional grounds) Bases of jurisdiction recognised by domestic law of State X but not covered by the Convention (and not included in the black list).