Hague Convention on Choice of Court Agreements—enforcement
Produced in partnership with Cara North of Lipman Karas
Hague Convention on Choice of Court Agreements—enforcement

The following Dispute Resolution practice note produced in partnership with Cara North of Lipman Karas provides comprehensive and up to date legal information covering:

  • Hague Convention on Choice of Court Agreements—enforcement
  • Does the Convention apply?—transitional provisions
  • What is a judgment? (Article 4(1))
  • Recognition and enforcement of court judgments (Article 8)
  • Recognition and enforcement
  • Non-monetary remedy
  • Judgment subject to review
  • The consequences of a transfer of proceedings at the jurisdictional stage
  • Review of the merits of the case
  • Default judgments
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For general guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Recognition and enforcement of judgments. For specific guidance on the impact on the application of the convention to the UK, see Practice Note: Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations.

This Practice Note considers the Hague Convention on Choice of Court Agreements and its application when seeking to enforce a court judgment or a judicial settlement. It considers the definition of a judgment and judicial settlement, the requirements for the recognition and enforcement of a court judgment, including the severability of a judgment as well as enforcement of non-monetary remedies and judicial settlements. The Practice Note also covers the procedure for recognition and enforcement and the documents required, as well as specific considerations in England and Wales. Finally, it looks at the grounds for refusing recognition or enforcement under the convention.

For practitioners working with the Convention there is an explanatory report by Trevor Hartley and Masato Dogauchi which provides detailed explanations for each article.

Does the Convention apply?—transitional provisions

Article 16 of the convention is a key consideration when determining whether the convention applies to a matter involving a new contracting state. For general guidance, see

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