On the other side, grounded on the attainments of The Brussels Convention and The Lugano Convention, European countries believe a mixed convention still leave the problems to be solved. The grey list makes the jurisdiction unclear again. In this area, the court will still make a judgment by its own jurisdiction rules and will also lead to the jurisdiction conflicts, which deviate the tenet and purpose of the convention. Otherwise, the scope of the grey list still need be negotiated. A too large grey list does no more than make the convention fall into formalism.
　　Although the preliminary draft technically seems to be a mixed convention, the Permanent Bureau was firmly determined to get progress in a double convention. The draft did not give any flexibility and room for development as well.　To some extent, it is a draft for European countries not for consensus of the whole member states of the Hague Conference. Therefore how to reach a consensus on the structure of the convention might be the first problem in getting a material progress of the convention.
　　Issue 2. The punitive and multiple damage of the United States
　　Another important issue to be solved are the problems from the United States. There are so many contradictions and conflicts between the legal system of the United States and of other counties. One of the most obvious ones is how the Hague Conference treats the recognition and enforcement of the punitive and multiple damages clauses in the American judgment.
　　According to the regulations of the United States, in the areas of tort and antitrust, the parties who violate these regulations and hurt other’s interests will be awarded a punitive or multiple damages to the plaintiff. Apparently, other countries’ courts will not accept such damage clauses. Negotiation on this issue is another important part in the Hague Conference. A possible solution is to exclude such a problem from the convention, which might not be a effective way to be accepted by both parties. In the preliminary draft , to solve this problem, Article 33 provides:

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