The ability to enforce court judgments across borders is crucial for individuals and businesses engaged in international commerce. The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ('Hague 2019') represents a significant step forward for the ease of recognition and enforcement of commercial or civil foreign judgments internationally.
Hague 2019, which entered into force for the UK on 1 July 2025, facilitates the straightforward reciprocal enforcement of foreign judgments between contracting States, and streamlines enforcement procedures, reducing complexity, uncertainty and costs. Its stated aim, by doing so, is to promote effective access to justice for all, and facilitate trade, investment and mobility through judicial co-operation.
Hague 2019 has already been in force for EU Member States (excluding Denmark) and Ukraine since 1 September 2023, and for Uruguay since 1 October 2024, and will enter into force for Albania and Montenegro on 1 March 2026, and for Andorra on 1 July 2026.
A number of other States (including Russia and the United States) have signed but not yet ratified Hague 2019, meaning there is no date as yet for Hague 2019 to come into force in those States.
Objectives
The enforcement of UK judgments abroad, and vice versa, has historically been governed by a patchwork of bilateral treaties, national laws, and regional agreements. Whilst a Member State of the EU, the UK had the benefit of the Brussels Recast Regulation and the Lugano Convention for the purposes of recognition and enforcement between EU and EFTA Member States. With its departure from the EU, however, these routes to enforcement were lost, creating a measure of fragmentation and uncertainty. Since then, the UK has rejoined the 2005 Hague Convention on the Choice of Court Agreements ('Hague 2005'), but Hague 2005 is limited to giving effect to exclusive choice of court agreements in favour of a contracting State, and the recognition and enforcement of judgments arising out of them.
With the entry into force of Hague 2019, the UK gains access to a uniform framework for the recognition and enforcement of judgments in a much wider range of circumstances, including where the judgment arises pursuant to a contract with a non-exclusive or asymmetric jurisdiction clause, and in a number of situations where there is no jurisdiction clause.
Hague 2019 has several benefits, including:
- Simplified enforcement: Subject to limited exceptions (addressed further below), an eligible judgment given by a court of a contracting State must be recognised and enforced in another contracting State, minimising procedural hurdles.
- Certainty: Because the requested court cannot review the merits of the foreign judgment, litigants can more confidently assess litigation risks and enforcement prospects.
- Reduced time and costs: Hague 2019 reduces the need for costly and slow duplicative enforcement litigation, especially in jurisdictions where reciprocal enforcement arrangements may not exist.
Scope and Limitations
Hague 2019 applies broadly to civil and commercial matters but excludes certain areas, for example:
- Family law matters
- Defamation
- Wills and succession
- Insolvency
- Intellectual property
- Law enforcement activities
- Arbitration and related proceedings
These exclusions reflect Hague 2019's focus on civil and commercial disputes as well as the sensitive nature of certain other legal areas, and prevent Hague 2019 from encroaching on technical subject matters covered by more specialised international instruments, or matters which are treated inconsistently between legal systems.
The types of judgments to which Hague 2019 applies include default judgments, money and non-money judgments and determinations of costs, but Hague 2019 does not extend to revenue, customs or administrative matters, and significantly, does not apply to interim measures (such as injunctive relief).
Enforcement criteria
For a judgment to be recognised and enforced under Hague 2019, there are several key considerations:
- Jurisdictional basis: The original court must have had jurisdiction under one of the bases recognised by Hague 2019, which broadly concern there being a connection between the State of origin and the defendant, or a connection between the State of origin and the subject matter of the proceedings (such as the existence of a non-exclusive or asymmetric choice of court agreement in favour of that State).
- Finality: Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired (although a refusal on such grounds does not prevent a later application for recognition or enforcement being made). This prevents premature recognition or enforcement abroad in circumstances where a judgment may be overturned or amended in the original State.
- Refusal of recognition and enforcement: Hague 2019 sets out a limited number of grounds for refusal of recognition and enforcement, including where the proceedings were not properly served on or notified to the defendant, where the judgment was obtained by fraud, manifest incompatibility with public policy, and where there are inconsistent judgments.
Practical considerations
With the coming into force for the UK of Hague 2019, this is a sensible juncture for astute commercial parties conducting cross-border business to review their contracts. In particular:
- Review dispute resolution clauses in contracts to assess available routes to enforceability (under either Hague 2005 or Hague 2019);
- Monitor which jurisdictions ratify Hague 2019 to evaluate evolving enforcement risks; and
- Consult with your lawyers on the most appropriate jurisdiction in which to bring any litigation proceedings.
Conclusion
Hague 2019 marks a significant positive development in private international law. As more countries implement its provisions, it will play an increasingly crucial role in strengthening the enforceability of civil judgments around the world through greater simplicity and consistency. In time, Hague 2019, alongside its sister treaty, Hague 2005, has the potential to provide a comprehensive global framework for the recognition and enforcement of court judgments to rival that of the New York Convention which governs the enforcement of arbitral awards. For the time being, the entry into force for the UK of Hague 2019 has further bolstered its attractiveness as a hub for international dispute resolution by lifting barriers to enforcement between it and the EU.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
