93 THE HAGUE CONVENTION 2005 AND BOSNIA AND HERZEGOVINA Jasmina Alihodžić Jasmina Alihodžić* THE HAGUE CONVENTION 2005 AND BOSNIA AND HERZEGOVINA INTRODUCTION In international business, as well as the business of internal (nation- al) character, the parties are free to determine which court will have ju- risdiction to solve possible disputes. When it comes to BH, the rules on choice of court agreements are contained in the Act on Resolving Con- ficts of Laws with Legal Provisions of Other Countries in Certain Re- lations (hereinafter: the PIL Act BH) 1 . This Act specifes the conditions under which the parties may agree on the jurisdiction of a foreign court, or the jurisdiction of the court in BH. The PIL Act BH, however, is silent with regard to the effects of the choice of court agreement. More precisely, it does not give an explicit answer to the question whether the court chosen in accordance with the prorogation agreement has exclu- sive or competitive jurisdiction. This fact may refect the work of the courts in the process of recognition and enforcement of foreign court judgments, which may ultimately lead to a distortion of the principle of legal certainty of the parties. The Convention of 30 June 2005 on Choice of Court Agreements entered into force in October 2015. Unlike the PIL Act BH, the Hague Convention 2005 is explicit when it comes to determining the effects of choice of court agreement, spec- ifying that the court, upon whose jurisdiction the parties agreed, has exclusive jurisdiction. This is manifested in the way that any other court shall suspend or dismiss proceedings in favor of the chosen court. In the frst part of the paper the author gives a brief historical over- view of the Hague Convention 2005 and the review of the legislative framework of Private International Law in BH. In the second part, we compared the most important provisions of the Convention with the respective provisions of the PIL Act BH, thus pointing out the obvi- ous differences that exist between them, which particularly refer to the scope of application, the effects of choice of court agreement, as well * Assistant professor, Faculty of Law/University of Tuzla, Bosnia and Herzegovina. 1) Offcial Gazette of the SFRY No. 43/1982, 72/82, Offcial Gazette of the Republic of Bosnia and Herzegovina, No. 2/92, 13/94.