In cross-border disputes, one of the most important factors is being able to have a foreign judgment enforced in the UK and vice versa. This is one of the reasons why arbitration is favoured as a resolution method in commercial disputes; international conventions, such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,provide for arbitration awards to be recognised in countries that are signatories. Following the UK ratification of the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the Hague Judgment Convention), from 1 July 2025, courts in England and Wales will be required to recognise and enforce civil and commercial judgments within the scope of the Hague Judgment Convention. Foreign courts in jurisdictions that are also signatories to the Hague Judgment Convention must also recognise and enforce judgments stemming from courts in England and Wales.
What is the Hague Judgment Convention 2019?
The Hague Judgment Convention provides a framework to allow foreign courts to recognise and enforce the judgments from one jurisdiction to another. Although most countries have rules relating to the enforcement of foreign judgments, the Convention provides uniform policies so parties can benefit from certainty. The element of certainty was recognised as a key for the UK government, which is keen to continue to promote the English Courts as the preferred forum for commercial dispute resolution.
If a judgment falls within the scope of the Convention, courts in contracting nations must acknowledge and implement it.
The Explanatory Notes list the aims of the Convention as follows:
- Enhance the practical effectiveness of judgments by ensuring that the judgments to which the Convention applies will be recognised and enforced in all contracting states.
- Ensure that successful parties to a dispute are better able to obtain meaningful relief.
- Reduce the need for duplicative proceedings in contracting states by removing the need to re-litigate the merits of a claim decided by the courts of another contracting state.
- Reduce the costs and timeframes associated with obtaining recognition and enforcement of judgments.
- Improve the ability of businesses and individuals to ascertain the circumstances in which a judgment will be recognised and enforced in other contracting states.
- Enable claimants to make informed choices about where to bring proceedings, taking into account their ability to enforce the resulting judgment in other contracting states.
How will the Hague Judgment Convention be implemented into UK law?
The Hague Judgments Convention will be implemented into domestic law through amendments to the Civil Jurisdiction and Judgments Act 1982, made by the Recognition and Enforcement of Judgments (2019 Hague Convention etc) which take effect on 1 July 2025. It will only apply to judgments heard after this date.
Will EU judgments be recognised and vice versa?
Yes, the Hague Judgment Convention provides a firm base for the recognition and enforcement of judgments between the UK and EU member states (apart from Denmark) now that the Recast Brussels Regulation and other EU instruments no longer apply to the UK.
What is the process for enforcing a foreign judgment under the Hague Judgment Convention?
Under Article 12, the party seeking to have a judgment recognised or enforced must provide to the Court:
- A complete and certified copy of the judgment (along with the court’s reasoning).
- If the judgment was given by default, a certified copy of a document showing that the defaulting party was notified of the court proceedings.
- Documents that prove the judgment has effect or, where applicable, is enforceable in the country where the case was decided.
- If a judicial settlement was reached, a court certificate stating that the settlement or a part of it is enforceable is required.
A party seeking recognition or enforcement of a judgment can use a court-issued form used in the country where the case was decided if it sets out basic details of the judgment. An example of this is the HCCH Recommended Form, which can be adopted by States and is annexed to the Convention.
If the judgment is in a foreign language to that used by the court where a party is seeking to have it recognised or enforced, a certified translation of the text should be provided alongside the original.
The procedures for recognition, declaration of enforceability or registration for enforcement and the enforcement of the judgment are governed by the law of the country of the party seeking these reliefs (unless the Convention states otherwise). Therefore, if a party wishes to have a foreign judgment recognised and/or enforced in an English court, they must apply using English court processes and procedures.
In countries where special procedures for recognition of a foreign judgment are in place, that procedure must be followed. If no procedures exist, the foreign judgment will be automatically recognised under Article 4.
Getting legal advice
As with all international conventions and treaties, it will take time for the 2019 Hague Judgments Convention to bed in and for the courts to iron out any points that need clarification. In the meantime, if you want to enforce a foreign judgment in a court in England and Wales, contact our Commercial Litigation Solicitors, many of whom hold dual-nation practising certificates and have extensive experience in recognition and enforcement of foreign judgments.
To discuss any points raised in this article, please call us on +44 (0) 203972 8469 or email us at mail@eldwicklaw.com.
This article does not constitute legal advice. For further information, please get in touch with our London office.
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