Hague Judgments Convention

The Hague Judgments Convention, formally the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is an international treaty concluded within the Hague Conference on Private International Law. It was concluded in 2019, and has not entered into force.[3] The convention governs the recognition of judgements in civil and commercial matters.

Hague Judgments Convention
Signed2 July 2019[1]
LocationThe Hague, The Netherlands[1]
Effectivenot in force
Condition2 ratifications/accessions[1]
Signatories2 (Ukraine and Uruguay)[2]
Partiesnone[3]
DepositaryMinistry of Foreign Affairs of the Kingdom of the Netherlands[1]
LanguagesEnglish and French[1]

History

The Hague Conference started with the "Judgements project" in 1996: the development of a convention regarding jurisdiction and recognition of judgements. Jurisdiction within such a convention would be classified in three categories: bases of jurisdiction which were obligatory, optional or prohibited. As the negotiators were not able to come to a consensus on such a convention, the scope of the work was reduced to jurisdiction and recognition of decisions based on a choice of court agreement between the parties. During the negotiations, parallels were drawn between the New York Convention on arbitral awards: the aim was to create a system of recognition of decisions based on court cases where the court was chosen pursuant to a choice of court agreements, which would create the same level of predictability and enforceability as is the case in arbitral awards in New York Convention states.[4] The efforts led in 2005 to a convention with a narrower scope: the Hague Choice of Court convention focussing on recognition on judgments where jurisdiction had been assumed based on a choice of court agreement between the parties. After conclusion of the convention new rounds of negotiations led to the conclusion of this convention.

Parties

All states can become parties to the convention: either through signature followed by ratification or acceptance, or by accession. The convention enters into force 1 year after 2 states have deposited their instruments of ratification/accession. If a party objects to the ratification or accession of another party, the convention will not enter into force with regards to those parties. Also Regional Economic Integration Organizations (such as the European Union) can become a party if such an organisation governs recognition of judgments.

The convention was signed on the day of its conclusion by Uruguay,[3] and in 2020 by Ukraine.

See also

References
  1. text of the treaty
  2. "Status table". HCCH.
  3. "Convention on the recognition and enforcement of foreign judgments in civil or commercial matters". Government of the Netherlands. Retrieved 4 July 2019.
  4. Ronald A. Brand; Paul M. Herrup. "status table". The 2005 Hague Convention on Choice of Court Agreements. HCCH. Cambridge University Press.
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