Background

On 1 July 2025, The Hague Judgments Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Convention) entered into force for the United Kingdom. This marks a significant development for the international recognition and enforcement of civil and commercial judgments, particularly in a post-Brexit context. The Convention seeks to streamline the process of recognition and enforcement of suchjudgments among its contracting states.

Post-Brexit recognition and enforcement challenges

Prior to Brexit, the UK benefited from EU-wide instruments like the Brussels I Recast Regulation and the Lugano Convention, which facilitated enforcement of judgments across the EU and EFTA. After Brexit, parties with a UK court judgment had to rely on domestic enforcement rules or the 2005 Hague Convention on Choice of Court Agreements (which only applies to cases involving exclusive jurisdiction clauses). This has caused legal uncertainty, increased costs, and added procedural complexity to cross-border litigation involving the UK.

For more information, explore our earlier blogs and articles: Brexit Blog 6: Execution of Court Rulings, Brexit Blog 12: Will the UK join the Lugano Convention?, Brexit Blog 13: Recognition and enforcement of UK judgments in the Netherlands, and Post-Brexit enforcement of UK judgments in the Netherlands: what options remain?

A uniform framework for recognition and enforcement

The Convention will address many of the Post-Brexit recognition and enforcement challenges by establishing a uniform legal framework for the recognition and enforcement between contracting states of final ‘civil and commercial’ judgments rendered in proceedings issued on or after 1 July 2025.

Interim measures, such as injunctions or provisional relief, cannot be recognised and enforced under the Convention.

To qualify for enforcement under the Convention, there must be sufficient jurisdictional connection either (i) between the court of origin and the defendant objecting recognition and enforcement, or (ii) between the court of origin and the subject matter of the proceedings. Recognition or enforcement may be refused only on a limited set of grounds, such as: the defendant was not properly notified of the proceedings, the judgment was obtained by fraud, or where enforcement would be manifestly contrary to public policy.

Each contracting state retains control over its own procedural rules. For example, in England and Wales, a party must apply to the court to have a foreign judgment registered. Once registered, the judgment is enforceable as if it were a domestic judgment.

The impact on asymmetric jurisdiction clauses

Unlike the 2005 Hague Convention on Choice of Court Agreements, the Convention also covers asymmetric jurisdiction clauses, which are commonly used in cross-border finance and transactional agreements. These clauses typically permit one party (often a lender) to choose from multiple forums, while restricting the other party to a single designate court.

Recent case law from the Court of Justice of the European Union (CJEU) has raised questions about the validity of asymmetrical jurisdiction clauses under EU law. The CJEU has confirmed that such clauses may still be valid in the EU under certain circumstances. However, the implications for cross-border enforcement remain under scrutiny. The Convention clarifies that judgments arising from asymmetric clauses are eligible for recognition and enforcement among contracting states.

While the Convention does not govern how courts should apply or interpret jurisdiction clauses, it requires contracting states to recognize and enforce judgments that fall within its scope. Judgments arising from asymmetric jurisdiction clauses, should in principle, still benefit from the Convention, provided the other requirements for recognition and enforcement are satisfied.

Contracting states

As of 1 July 2025, the Convention applies between the EU (excluding Denmark), Uruguay, Ukraine and the UK. Several other states, including Albania, Andorra and Montenegro are expected to join the Convention in 2026. Additional signatories, such as the United States and Russia, may ratify the Convention in the future.

Looking ahead

For parties litigating in the UK, the Convention offers a more predictable and efficient framework for recognition and enforcement in other states, and vice versa. As more countries join the Convention, its significance for international dispute resolution will continue to grow.

We continue to closely monitor developments as the Convention’s adoption expands. Should you have any questions about how this may impact your business or possible litigation strategy, please feel do not hesitate to contact us. We would be happy to assist.