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PRACTICE NOTES
This Practice Note considers the application of the Hague Convention on Choice of Court Agreements by contracting states to the convention. It sets out the parties to the convention, as well as those countries that have signed the convention but have yet to ratify it. It then considers the application of the convention for contracting states. For guidance on other aspects of the convention, see Practice Notes: • Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations • Hague Convention on Choice of Court Agreements—scope • Hague Convention on Choice of Court Agreements—jurisdiction • Hague Convention on Choice of Court Agreements—enforcement Definitions This Practice Note using a number of definitions: • Hague Convention on Choice of Court Agreements—HCCH Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague • EU(W)A 2018—European Union (Withdrawal) Act 2018 • EU(WA)A 2020—European Union (Withdrawal Agreement) Act 2020 • exit day—is defined in EU(W)A 2018, s 20 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation
PRACTICE NOTES
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 Practice Note: Hague Convention on Choice of Court Agreements—application
PRACTICE NOTES
This Practice Note considers the application of the Hague Convention on Choice of Court Agreements when dealing with jurisdiction issues. It considers the different types of choice of court agreements and whether they fall within the convention. It then sets out the obligations on the court provided for in the exclusive choice of court agreement (chosen court) as well as the obligations on courts in which proceedings are commenced where they are not the chosen court (non chosen courts). The Practice Note also considers the use of anti-suit injunctions under the Convention and the application of the convention when dealing with multi-party disputes. This Practice Note should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations. There is an explanatory report for the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi which provides detailed explanations for each article. Type of choice of court agreement A
PRACTICE NOTES
This Practice Note considers the Hague Convention on Choice of Court Agreements which applies to both jurisdiction and the recognition and enforcement of judgments. It considers the scope of the Hague Convention on Choice of Court Agreements and the requirement for an international case involving an exclusive choice of court agreement. It explores matters excluded from the scope of the convention either through specific exclusions in the convention itself or by means of declarations by the contracting states. The Practice Note considers the application of the Hague Convention on Choice of Court Agreements to the UK. An explanatory report for the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi provides detailed explanations for each article. When did the Convention come into force? The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico and then by the EU. It came into force on 1 October 2015 as between those two contracting parties
PRACTICE NOTES
This toolkit brings together various resources and guidance associated with the different Hague Conventions under the Hague Conference on Private International Law (HCCH) that are relevant for family practitioners. Resources on the Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) and the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention) on the reciprocal enforcement of family maintenance between contracting states are set out, together with details of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (the Hague Service Convention 1965) dealing with the service of documents in family proceedings outside the jurisdiction of England and Wales. In addition, the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) in relation to child protection and the Convention of 25 October 1980 on the Civil Aspects
PRACTICE NOTES
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 came 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. For guidance on the practical aspects when dealing with recognition or enforcement of a judgment of the courts of England and Wales in another contracting state or the recognition or enforcement of foreign judgments in England and Wales, see Practice Note: Hague Judgments Convention—England and Wales Definitions
PRACTICE NOTES
This Practice Note addresses practical aspects for the recognition or enforcement of judgments under the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, better known as the Hague Judgments Convention, which entered into force for the United Kingdom on 1 July 2025. It sets out the implementing framework and the threshold questions to determine if the convention is applicable. It then considers the application of the convention for the recognition or enforcement of judgments of the courts of England and Wales in another contracting state followed by the recognition or enforcement of foreign judgments in England and Wales. The Practice Note then considers sequencing, strategy and alternative regimes and provides some worked examples. For the background and scope of the convention, see Practice Note: Hague Judgments Convention. This Practice Note assumes that background rather than restating it. For a list of current contracting parties to the convention, see: Tracker—Hague Judgments Convention. Introduction and the UK implementing framework The convention operates
NEWS
Dispute Resolution analysis: prior ratifying the Hague Judgments Convention, an international convention dealing with the recognition and enforcement of judgments, the UK is required to put in place the legal framework for the convention to function within the UK. The relevant UK legislation has now been published, being the The Civil Procedure (Amendment No 2) Rules 2024, the 168th Update—practice direction amendments and the Recognition and Enforcement of Judgments (2019 Hague Convention etc) Regulations 2024. Neither the legislation or the making document (in relation to the Hague Judgment Convention amendments) are yet in force.
NEWS
Dispute Resolution analysis: prior ratifying the Hague Judgments Convention, an international convention dealing with the recognition and enforcement of judgments, the UK is required to put in place the legal framework for the convention to function within the UK. The first of the relevant provisions has been published, being the The Civil Procedure (Amendment No 2) Rules 2024, SI 2024/595 which amends CPR 74 dealing with the registration of foreign judgments. In addition, draft The Recognition and Enforcement of Judgments (2019 Hague Convention etc) Regulations 2024 have also been published.
GLOSSARY
The convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965) sets out provisions for the service of documents between contracting states.
NEWS
The Ministry of Foreign Affairs of the Kingdom of the Netherlands has published a notification pursuant to Article 31 of the Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters (Hague Service Convention). The notification states that the Hague Service Convention will enter into force for the Dominican Republic, if there are no objections from other States by 22 September 2024.
NEWS
The Ministry of Foreign Affairs of the Kingdom of the Netherlands has published a notification pursuant to Article 31 of the Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters (Hague Service Convention). The notification highlights that the Hague Service Convention will enter into force for the Republic of El Salvador, if there are no objections from other States by 21 September 2024.