Contract law – Hague convention ratified by UK government

The UK government has ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019). It will come into force for the UK on 1 July 2025, and will provide a uniform framework for the recognition and enforcement of judgments between the UK and the other contracting states, including all EU member states except Denmark. In particular, it will facilitate the enforcement of English judgments abroad.

Although English judgments are currently enforceable under the Hague 2005 Convention on Choice of Court Agreements (Hague 2005), which includes all EU member states, that Convention only applies where there is an exclusive English jurisdiction clause which was agreed after Hague 2005 came into force for the UK (a point on which there is some uncertainty, at least from the perspective of EU member states). Otherwise, the question of enforceability depends on whether there is a reciprocal arrangement for the enforcement of judgments between the UK and the relevant state, such as via a relevant bilateral treaty, or (failing that) the relevant state’s national rules on the enforcement of foreign judgments.

Against that background, Hague 2019 will bring much-needed clarity and consistency to the enforcement of English judgments in EU member states, and is likely to enhance their enforceability in a much wider range of jurisdictions in due course. Although to date the only Hague 2019 contracting states (apart from the UK and the EU member states) are Ukraine and Uruguay, the Convention can be expected, in time, to gain increased acceptance internationally and attract further state signatories.

For more information, see our Litigation Notes blog post here.