i-law

Lloyd's Maritime and Commercial Law Quarterly

The Hague Judgments Convention 2019

Adrian Briggs *

The Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2019 will come into force for the United Kingdom on 1 July 2025. It will represent the principal means for the mutual recognition of judgments between the United Kingdom and the European Union (and any other states adopting it), and it is for this reason timely to examine the instrument which will replace, but certainly not replicate, Chapter III of the Brussels I Regulation. In discussing the structure and detail of the Convention, it is noticeable how far it falls short of the pre-existing regime.

I. INTRODUCTION

Even though English courts have been creative in finding ways to make English judgments ramify overseas without the need for a judgment creditor to engage with a foreign court, the ability of a judgment creditor to enforce a judgment, or award, in accordance with the law of the state in which enforcement is really sought, is a valuable thing. Where arbitral awards are concerned, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, by virtue of its widespread adoption, made, and makes, that straightforward.1 While the United Kingdom was a Member State of the European Union, the export of English judgments to Europe (and the import of Member State judgments into the legal order of the United Kingdom) was also straightforward: the Brussels Convention 1968,2 and its successors3 and derivatives,4 resulted, by the time the United Kingdom walked out, in enforcement being close to automatic. Those Brussels instruments were revoked by Parliament,5 leaving enforcement of foreign judgments, incoming and outgoing, grievously damaged, dependent on a scattering of bilateral treaties6 or treaty-like arrangements,7 the Hague Convention on Choice of Court Agreements 2005,8 and a wild universe of native rules


THE HAGUE JUDGMENTS CONVENTION 2019

459

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.