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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

Form 40F is a certificate related to Article 13(1)(D) of the Hague Convention on Choice of Court Agreements. It provides formal certification for international jurisdiction matters involving court agreements in cross-border cases.

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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

Form 40F is a certificate related to Article 13(1)(D) of the Hague Convention on Choice of Court Agreements. It provides formal certification for international jurisdiction matters involving court agreements in cross-border cases.

The form captures certification details confirming that a choice of court agreement meets the requirements specified in Article 13(1)(D) of the Hague Convention.

Risk Radar

  • The most common mistake is failing to properly verify that the choice of court agreement meets all requirements of Article 13(1)(D) before certification.
  • Incorrect certification of the choice of court agreement
  • Failure to provide sufficient supporting documentation
  • Misunderstanding the scope of Article 13(1)(D)
  • Not confirming the agreement meets all formal requirements

Plain English

This form helps certify that a choice of court agreement meets specific requirements under an international treaty. It's used when parties have agreed which country's courts will handle their legal disputes across international borders.

Submission Date

  • Not confirmed in official source. Deadlines likely depend on the specific court proceedings timeline and should be confirmed with the relevant court office.
  • 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 when dealing with cross-border contracts that include choice of court clauses
  • Required when enforcing foreign court judgments in Ireland under the Hague Convention
  • Necessary for international commercial litigation involving jurisdiction agreements
  • Specific to cases covered by the Hague Convention on Choice of Court Agreements
  • Not for domestic Irish court matters without international elements

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
International contract with choice of court clauseForm 40FEnsures proper certification under Hague ConventionVerify the agreement explicitly falls under Article 13(1)(D)
Enforcement of foreign judgment in IrelandForm 40FRequired to demonstrate jurisdictional validityConfirm the foreign court was properly chosen under the convention
Domestic dispute without international elementsNot Form 40FHague Convention does not applyCheck if Irish court procedures are sufficient
Appeal against jurisdiction decisionDifferent procedureFollow standard appeal rulesDetermine if Hague Convention applies to the original choice of court agreement

Deadline or filing window

Not confirmed in official source. Deadlines likely depend on the specific court proceedings timeline and should be confirmed with the relevant court office.

Before you submit

  • Verify the choice of court agreement explicitly meets Article 13(1)(D) requirements
  • Ensure all parties to the agreement are properly identified
  • Check that the agreement was made in compliance with applicable formalities
  • Confirm the agreement is not null, void, or inoperative under Irish law
  • Prepare any supporting evidence of the agreement's validity
  • Verify submission fees and payment methods
  • Confirm the correct court office for submission

How to file this form

  1. 1Obtain the official Form 40F from the Courts Service website or court office
  2. 2Complete all sections with accurate information about the choice of court agreement
  3. 3Gather supporting documentation proving the agreement meets Article 13(1)(D) requirements
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required filing fees
  6. 6Obtain a copy of the submitted form for your records
  7. 7Notify all relevant parties of the certification

Known limitations

  • This form only applies to cases covered by the Hague Convention on Choice of Court Agreements
  • Not all international agreements may qualify for certification under Article 13(1)(D)
  • The form does not create jurisdictional authority where none exists
  • Certification does not guarantee enforcement of foreign judgments
  • Not confirmed in official source if there are specific exceptions to the convention's application

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Current Form Status

Not confirmed in official source. This form appears to be current but may have been updated with Ireland's implementation of the Hague Convention.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Not confirmed in official source if there have been recent updates
  • Check if the form has been modified to align with EU implementation decisions
  • Verify if any additional documentation requirements have been added
  • Confirm if electronic submission options are now available

Quick Facts

Legal practitioners, parties to international agreements, or court officials involved in cases covered by the Hague Convention on Choice of Court Agreements.
The form captures certification details confirming that a choice of court agreement meets the requirements specified in Article 13(1)(D) of the Hague Convention.
Submit this form when dealing with cross-border litigation where a choice of court agreement is being invoked and requires formal certification under the Hague Convention.
Submit to the relevant Irish court dealing with international jurisdiction matters. Not confirmed in official source if submission is online, by post, or in person.
Incorrect certification could lead to disputes about jurisdiction being dismissed or not recognized internationally, potentially affecting the outcome of legal proceedings.
Complete all sections accurately, ensuring the choice of court agreement meets the specific criteria in Article 13(1)(D). Attach any supporting documentation and submit to the appropriate court office with any required fees.

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 a copy of the certified form for future reference
  • Monitor any related court proceedings for updates
  • Be prepared to provide additional information if requested by the court
  • Notify other parties involved in the legal proceedings
  • Follow up with the court if you haven't received acknowledgment within the expected timeframe

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Hague Convention on Choice of Court Agreements
  • Specific to Article 13(1)(D) of the convention
  • Approved on behalf of the European Union
  • Connected to Council Decision 2014/887/EU
  • Related to Choice of Court (Hague Convention) Act
  • Not confirmed in official source if electronic submission is available
  • Not confirmed in official source if there are specific filing fees

Common confusion points

6 things to watch for

  • 1

    Determining whether a specific choice of court agreement falls under Article 13(1)(D)

  • 2

    Understanding the difference between certification and enforcement procedures

  • 3

    Identifying which Irish court has jurisdiction over international matters

  • 4

    Determining if additional forms are needed alongside Form 40F

  • 5

    Understanding the relationship between the Hague Convention and EU regulations

  • 6

    Not confirmed in official source if there are specific time limits for certification

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