The 2019 Hague Convention now in force in the UK: A step toward greater certainty in cross-border disputes and judgment enforcement

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments has come into force in the UK. As we noted in our earlier article, which can be read here, the 2019 Hague Convention provides a streamlined and harmonised framework for the recognition and enforcement of judgments between states that are parties to the instrument—provided that the judgment in question falls within the scope of the Convention and meets the criteria for recognition and enforcement. These criteria include, among other things, the existence of a basis for jurisdiction, such as a non-exclusive choice of court agreement in the underlying contract. This eligibility criterion is significant for financing transactions, as financing agreements typically include non-exclusive jurisdiction clauses providing one party with a possibility to commence proceedings in several jurisdictions. With the UK now a full participant, parties litigating in UK courts can benefit from enhanced enforceability of judgments abroad — and vice versa.

Limitations and Scope

It is important to note that the 2019 Hague Convention applies only to judgments in civil or commercial matters. Certain areas—such as family law, insolvency, intellectual property, and arbitration—are expressly excluded from its scope. In addition, the 2019 Hague Convention applies only to judgments given in proceedings instituted after it entered into force in both of the relevant states.