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Form 40F - Certificate - Article 13(1)(D) Of The Convention On Choice Of Court Agreements At The Hague The 30th Of June 2005 & Approved On Behalf Of The European Union Pursuant To Council Decision 2014/887/EU & Choice Of Court (Hague Convention) Act 20

This form relates to the Hague Convention on Choice of Court Agreements and is administered by the Courts Service of Ireland. It serves as a certificate concerning jurisdiction agreements under EU law.

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Form Overview

Form 40F - Certificate - Article 13(1)(D) Of The Convention On Choice Of Court Agreements At The Hague The 30th Of June 2005 & Approved On Behalf Of The European Union Pursuant To Council Decision 2014/887/EU & Choice Of Court (Hague Convention) Act 20

This form relates to the Hague Convention on Choice of Court Agreements and is administered by the Courts Service of Ireland. It serves as a certificate concerning jurisdiction agreements under EU law.

The form captures details related to international jurisdiction and specific agreements regarding where a case can be heard. It requires declarations pertaining to choice of court provisions.

Risk Radar

  • Ensure the specific article and convention referenced on the form match the underlying legal dispute.
  • Incorrectly citing the relevant Article or Convention number.
  • Failing to include all necessary details about the international parties involved.
  • Submitting the form without proper supporting documentation.
  • Misunderstanding the scope of EU Council Decision 2014/887/EU.

Plain English

This document helps confirm which country's courts have the right to hear a specific legal dispute. It deals with international agreements that determine where a lawsuit must be filed. This process relates to choice of court rules within the European Union framework.

Submission Date

  • The timing for submission depends entirely on the procedural rules governing the choice of court agreement in question.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when dealing with choice of court agreements recognized under the Hague Convention.
  • It applies in situations governed by EU law provisions related to jurisdiction.
  • This certificate confirms specific jurisdictional rights for legal proceedings.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Domestic disputeDifferent Courts Service formsNot applicable; this form is specialized for international agreementsCheck the nature of your agreement first
Revenue tax matterRevenue Online Service (ROS) formsThis form does not relate to Irish taxation mattersConfirm if the issue is tax-related
Company registration changeCRO portal filingsThis form relates to legal jurisdiction, not company status changesVerify the regulatory body for your specific need

Deadline or filing window

The timing for submission depends entirely on the procedural rules governing the choice of court agreement in question.

Before you submit

  • Verify that the underlying choice of court agreement is properly executed and valid.
  • Check that all required parties have completed their sections accurately.
  • Confirm the form is signed by authorized representatives as per current law.
  • Ensure supporting documentation (e.g., the original agreement) is included with the submission.
  • Review the dates to ensure they fall within the applicable statute of limitations.

How to file this form

  1. 1Complete all sections of Form 40F, paying close attention to identifying parties and agreements.
  2. 2Gather supporting documentation proving the existence and validity of the choice of court agreement.
  3. 3Review the form against current legal requirements related to EU jurisdiction law.
  4. 4Submit the completed package to the designated Courts Service office or portal.

Known limitations

  • The form's use is strictly limited to matters governed by the Hague Convention and associated EU regulations.
  • It does not provide legal advice regarding the merits of a case or the validity of an agreement outside its scope.
  • Only the Courts Service of Ireland can confirm acceptance and processing of this certificate.

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Current Form Status

This form relates to international agreements on jurisdiction and is managed by the Courts Service of Ireland.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the required signatories and their current roles.
  • Verify if any amendments have been made to the Hague Convention Act 2019.
  • Confirm the latest version number of Form 40F is being used.
  • Ensure all associated EU Council Decisions cited are up-to-date.

Quick Facts

Parties involved in disputes covered by the Hague Convention may need to file this form. The Courts Service of Ireland oversees its processing.
The form captures details related to international jurisdiction and specific agreements regarding where a case can be heard. It requires declarations pertaining to choice of court provisions.
Submission timing is tied to the initiation or defense of legal proceedings under the Hague Convention framework. Specific deadlines are not confirmed in the official source.
The form must be submitted according to the procedures set by the Courts Service of Ireland. Submission methods (online, post) are not specified.
Correct submission is necessary for the courts to properly determine jurisdiction over a dispute. Errors could delay legal proceedings or challenge the validity of the chosen court.
Review all sections carefully to ensure they accurately reflect the choice of law agreement. Complete the form using plain language, avoiding assumptions about international law. Submit the completed certificate through the designated Courts Service channel.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 40F - Certificate - Article 13(1)(D) Of The Convention On Choice Of Court Agreements At The Hague The 30th Of June 2005 & Approved On Behalf Of The European Union Pursuant To Council Decision 2014/887/EU & Choice Of Court (Hague Convention) Act 20

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After you file

  • Keep copies of the submitted form and all supporting documentation for your records.
  • Note any reference number or tracking details provided by the Courts Service upon acceptance.
  • Follow up with the relevant department if a confirmation timeline is established.
  • Retain proof of submission in case of future legal challenges regarding jurisdiction.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: Form 40F
  • Governing Law Context: Hague Convention / Choice Of Court (Hague Convention) Act 2019
  • Specific Legal Area: International Jurisdiction and EU Law

Common confusion points

4 things to watch for

  • 1

    Mistaking this certificate for general court filing paperwork.

  • 2

    Assuming the form can validate an agreement not covered by the Hague Convention.

  • 3

    Filing without the original, underlying choice of court agreement to support the claim.

  • 4

    Confusing the requirements of EU law with general Irish common law procedures.

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