Hague 2019 provides a uniform framework for the recognition and enforcement of judgments between the UK and the other contracting states, which currently include all EU member states (except Denmark), Uruguay and Ukraine. The coming into force of Hague 2019 will therefore facilitate the enforcement of English judgments in other Hague 2019 contracting states and vice versa.
English judgments are currently enforceable under the Hague 2005 Convention on Choice of Court Agreements ("Hague 2005"), which includes all EU member states (as well as Mexico, Singapore, Montenegro, Ukraine, Moldova, Albania, Switzerland, North Macedonia and Bahrain), but only where there is an exclusive English jurisdiction clause. Otherwise, the question of enforceability depends on whether there is a reciprocal arrangement for the enforcement of judgments between the UK and the relevant state, such as via a relevant bilateral treaty, or (failing that) the relevant state's national rules on the enforcement of foreign judgments.
Hague 2019 allows for a much broader range of judgments to be enforced. In particular, it provides for the enforcement of a judgment given by a court designated in an agreement on jurisdiction where the dispute falls within a non-exclusive or asymmetric jurisdiction clause as well as in a wide range of scenarios where there is no applicable jurisdiction clause. It is also wider in scope than Hague 2005, applying for example to employment and consumer contracts.
Hague 2019 is expected, in time, to gain increased acceptance internationally and to attract further state parties – including, initially, Albania, Andorra and Montenegro which will all become contracting states in 2026.
For a more detailed analysis of Hague 2019, including when it will apply, what judgments are eligible for enforcement and when enforcement can be refused, see our blog post here.
Our quick reference guide will also help determine whether and how an English court judgment may be enforced in another country.
Key contacts
Andrew Cannon
Partner, Head of International Arbitration, London and Paris
Ajay Malhotra
Partner, London
Maura McIntosh
Knowledge Counsel, London
Camilla Macpherson
Knowledge Lawyer, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.