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The UK Government has confirmed that it will join the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) ‘as soon as practicable’.

Hague 2019 is an international convention that promotes the cross-border recognition and enforcement of judgments in civil or commercial matters. It will apply in the UK 12 months after the relevant formalities are completed. Therefore, it is likely to apply from 2025 at the earliest.

Hague 2019 applies to judgments which reflect a court’s decision on the merits of a case, including a determination of costs of the proceedings. It explicitly excludes interim measures of protection.

Hague 2019 currently applies in EU states (excluding Denmark) and Ukraine. It will apply in Uruguay in 2024.

Other states have signed Hague 2019 suggesting it may apply in more jurisdictions in the future.

The Convention creates a uniform set of rules for the enforcement of judgments. Therefore, cross-border enforcement should be easier and more predictable for parties, compared with navigating an entirely foreign enforcement system.

Whether individual jurisdictions will respect the rules under Hague 2019 is unknown. Similar agreements, like the New York Arbitration Convention, suffer from variable levels of adherence across the globe.

Hague 2019 only applies to judgments regarding civil or commercial matters. Additionally, it includes a significant list of excluded matters, like judgments regarding the carriage of passengers and goods. Outside the EU, Hague 2019 applies in one state, Ukraine.

Conclusion

The UK joining Hague 2019 will improve the cross-border enforceability of UK judgments. Hopefully, more states join Hague 2019, enabling UK judgments to be enforced far and wide with less friction.