Hague Judgments Convention
Produced in partnership with Cara North of Lipman Karas and Derek Bayley of Allen & Overy LLP
Hague Judgments Convention

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

  • Hague Judgments Convention
  • Definitions
  • Background to the convention
  • Status of the convention
  • Entry into force of the convention
  • No retroactive effect
  • Scope of the Convention (Articles 1–3)
  • Recognition mechanisms (Articles 4–7)
  • Interpretation and application (Articles 8–15)
  • Recognition and enforcement procedure and costs (Articles 12–14)
  • More...

This Practice Note considers the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention). The convention provides a framework for the enforcement of civil or commercial international judgments. This Practice Note sets out the background to the convention, its status and when it enters into force. It then explains the scope of the convention (Articles 1–3), as well as the mechanisms for recognition of judgments (Articles 4–7). It then considers interpretation and application, which includes procedure and costs (Articles 8–15) and finally the general clauses dealing with declarations, application of the convention where there are non-unified systems and the interaction of the convention with other international instruments.

Definitions

  1. applicant—a party applying for recognition or enforcement under the convention

  2. Choice of Court Convention—HCCH Convention of 30 June 2005 on Choice of Court Agreements

  3. Contracting States—a State which has consented to be bound by the convention, whether or not the convention has entered into force for that State

  4. Hague Judgments Convention—HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. For the text of this convention, see the HCCH website: Explanatory Report on the 2019 HCCH Judgments Convention

  5. court addressed—the court which is asked to recognise or enforce the judgment

  6. court of origin—the court which

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