Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

Summary:

Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, adopted under the auspices of the Hague Conference on Private International Law (HCCH). It is also known as the Judgments Convention.

Further information:

The Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (HCCH 2019 Judgments Convention) facilitates the effective international circulation of judgments in civil or commercial matters. By setting forth commonly accepted conditions for recognition and enforcement—and agreed grounds for refusal—the Convention provides legal certainty and predictability to parties involved in cross-border transactions, providing clarity as to whether and to what extent a judgment will be recognised and enforced in another jurisdiction. By ensuring the recognition and enforcement of foreign judgments, the Convention enhances access to justice by reducing legal timeframes, costs and risks in cross-border circumstances. The Convention generally strengthens a positive national and international environment for multilateral trade, investment, and mobility.

The European Union (EU) was involved in the negotiation process of the Convention with a view to its possible accession. Based on the mandate given by the Council of the European Union in May 2016, the European Commission represented the interests of the EU during the negotiation process at the HCCH. The talks were successfully concluded in July 2019 and the Convention became open for signature, ratification, or accession. The Decision concerning the accession to the Convention was adopted by the Council of the European Union on 12 July 2022. The Convention was published in the Official Journal on 14 July 2022.

Official

EUR-LEX: OJ L 187, 14/07/2022: Council Decision (EU) 2022/1206 concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters http://data.europa.eu/eli/dec/2022/1206/oj

EUR-LEX: COM(2021)388: Proposal for a Council Decision on the accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:388:FIN

EUR-LEX: SWD(2021)192: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:192:FIN

EUR-LEX: SWD(2021)193: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:193:FIN

Official Website of the Hague Conference on Private International Law (HCCH) https://www.hcch.net/en/home

HCCH: Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (HCCH 2019 Judgments Convention) https://www.hcch.net/en/instruments/conventions/specialised-sections/judgments

---

Commentary and Analysis

Allen & Overy: Publications, 30/07/2019: New Hague Convention on enforcement of foreign judgments – a “gamechanger” in international dispute resolution? https://www.allenovery.com/en-gb/global/news-and-insights/publications/new-hague-convention-on-enforcement-of-foreign-judgments

Holman Fenwick Willan (HFW): Briefing, August 2019: The New Hague Judgments Convention https://www.hfw.com/The-New-Hague-Judgments-Convention

University of Oxford: Faculty of Law Blog, 16/08/2019: The Culmination of the Judgments Project: The HCCH Judgments Convention https://www.law.ox.ac.uk/business-law-blog/blog/2019/08/culmination-judgments-project-hcch-judgments-convention

---