The Ottawa proposal
accept that there is no consensus (yet) on this issue
avoid risk that this issue could frustrate the success of the convention
retain status quo for consumer cases where there is a choice of forum - ie put in status quo zone = “grey zone”
Art 7 remains as a default rule
- define it more broadly, to avoid problematic tests
if there is a conflicting choice of forum, neither Art 7 nor Art 4 applies
- each country applies domestic law in relation to jurisdiction
- each country applies domestic law in relation to enforcement of resulting judgments