Hague 2005 Choice of Court Convention now applies to Switzerland

The Hague Convention on Choice of Court Agreements 2005 (Hague 2005) contains rules on jurisdiction and the enforcement of judgments where there is an exclusive jurisdiction clause in favour of the courts of a contracting state which was entered into after the Convention came into force for the state of the chosen court. It applies between the UK and all EU member states, as well as Mexico, Singapore, Montenegro, Ukraine, Moldova, Albania, and now Switzerland.

In broad summary, Hague 2005 provides that where parties have agreed on the exclusive jurisdiction of the courts of a contracting state, this must be respected by the courts of all other contracting states who must (subject to limited exceptions) suspend or dismiss any proceedings brought in those courts in breach of the clause. Contracting states must also recognise and enforce judgments given by another contracting state pursuant to such a jurisdiction clause (again subject to limited exceptions).

Switzerland has acceded to Hague 2005 with effect from 1 January 2025, and it will therefore apply between the UK and Switzerland in proceedings commenced after that date where there is an exclusive jurisdiction clause in favour of either country's courts. In addition, and unusually, Switzerland has issued a declaration that its courts will recognise and enforce judgments given by courts of other contracting states where they are chosen under a non-exclusive jurisdiction clause.

Switzerland's accession is particularly significant given that the Lugano Convention, which used to govern questions of jurisdiction and the enforcement of judgments between the UK and Switzerland (as well as Iceland and Norway), no longer applies to the UK following its departure from the EU. The UK applied to re-join Lugano following Brexit, but that requires the consent of all other contracting states and to date the EU has not provided its consent. Switzerland's accession to Hague 2005 will therefore go some way to plugging that gap.

For more information on the enforcement of English judgments abroad, including under Hague 2005, see this Decision Tree on our Litigation Notes blog, which is newly updated in the light of Switzerland's accession.