Hague Judgments Convention: recognition and enforcement of judgments
On the 27 June 2024, the UK government ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgements in Civil or Commercial Matters (the ‘Judgments Convention’); which was in force between the EU (excluding Denmark) and Ukraine on 1 September 2023. This milestone means that, as of 1 July 2025, the Judgements Convention will come into force in the UK; providing a streamlined and uniform framework for the recognition and enforcement of civil or commercial foreign judgments internationally (between the UK and other contracting states, a full list of which can be accessed via HCCH | #41 - Status table). For legal practitioners and businesses, this development marks a significant shift in the landscape of cross-border contractual arrangements and disputes.
Published: February 24th, 2025
7 min read
The Judgements Convention, which was established in 1992, serves as a global framework for the recognition and enforcement of civil and commercial judgements across the jurisdictions of contracting states; with its primary objective to facilitate the free circulation of judgement. Under this framework, contracting states are bound by a positive obligation to recognise and enforce qualifying judgements within its scope from other member states. By establishing this uniform system, the Judgement Convention aims to reduce transactional and litigation costs in cross-border disputes and matters, whilst promoting international access to justice. In turn, this is expected to mitigate financial risks and liabilities, fostering and encouraging greater global trade and investment across borders. States may become a party to the Judgements Convention either by signature followed by ratification, acceptance or approval or alternatively by accession (i.e. by a state accepting the offer to become a party to the Judgments Convention).
The impact of the Judgements Convention varies across jurisdictions. In some states and jurisdictions, it only presents a very minimal departure from the existing regime for the recognition and enforcement of foreign judgments under national law; while in other jurisdictions, it will significantly increase the number of judgments eligible for recognition and enforcement. If widely ratified, it will provide a relatively streamlined mechanism for the recognition and enforcement of a significant number of foreign civil or commercial judgments. The Judgements Convention possesses potential to fill a crucial gap in the international civil and commercial litigation framework. Assuming widespread ratification across states, there is potential for it to enhance global access to justice, whilst providing greater legal certainty and predictability in international transactions. This provides parties with the ability to make informed strategic choices if they ever find themselves in a cross-border dispute.
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