2019 Hague Convention effective in the UK as of now
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is set to revolutionize the way civil and commercial judgments are recognized and enforced between contracting states, including the UK, Ukraine, and EU member states. Effective from July 1st, 2025, the convention provides a simplified framework for cross-border judicial cooperation.
This new convention applies to a wide range of civil and commercial judgments, with some exceptions. It excludes certain types of proceedings, such as insolvency, defamation, privacy, intellectual property, and some competition matters. It also does not cover interim measures like freezing injunctions. However, it supplements the 2005 Hague Choice of Court Convention by covering judgments from courts not named in exclusive jurisdiction agreements.
The convention obliges contracting states to recognize and enforce judgments that are enforceable in their state of origin, provided they meet the specified jurisdictional filters. Enforcement proceedings cannot re-open the merits of the case, preventing relitigation of the same dispute.
Articles 5 and 6 define when a judgment qualifies for recognition and enforcement. Article 6 deals exclusively with rights in rem in immovable property, while Article 5 provides an exhaustive list of 13 jurisdictional grounds, any of which may trigger recognition and enforcement obligations.
The convention also sets out specific, limited grounds for refusing enforcement. These include judgments obtained by fraud, inconsistent judgments on the same dispute, failure to notify the defendant adequately, and judgments awarding damages not compensating actual loss. Enforcement may also be refused if the judgment is under review or if the review period has not expired in the origin state.
In the post-Brexit context, the UK's accession to the 2019 Hague Convention fills a gap created by Brexit, enabling enforcement of non-exclusive jurisdiction judgments between the UK and EU member states and Ukraine. This improves predictability and legal certainty for cross-border civil and commercial enforcement between these jurisdictions.
As of August 7th, 2025, the convention has come into force in 30 contracting states, including all 27 EU member states, the UK, Ukraine, and Uruguay. The convention will also come into force in 2026 in Albania, Andorra, and Montenegro. The convention goes a significant way towards replacing the system of enforcement provided for in the Recast Brussels Regulation.
In summary, the 2019 Hague Convention broadens the scope for cross-border enforcement between the UK, Ukraine, and EU countries beyond exclusive jurisdiction clauses, provides clear jurisdictional criteria for recognition, and sets out specific, limited grounds for refusing enforcement, facilitating smoother judicial cooperation in civil and commercial matters.
- In the revised legal landscape, intellectual property disputes will now be subject to the 2019 Hague Convention, as the convention excludes only specific types of proceedings, such as insolvency, defamation, privacy, and certain competition matters, but includes intellectual property judgments.
- For businesses operating across the UK, Ukraine, and EU member states, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters could potentially streamline financial operations, as it creates a more uniform process for cross-border enforcement of judgments, thereby reducing legal uncertainty and costs associated with the enforcement of intellectual property rights.
