Recognition and Enforcement of Foreign Judgments under the Hague Judgments Convention: Scope, Mechanisms, and Procedures

Produced in partnership with Cara North of Corrs Chambers Westgarth and Derek Bayley of A&O Shearman
Practice notes

Recognition and Enforcement of Foreign Judgments under the Hague Judgments Convention: Scope, Mechanisms, and Procedures

Produced in partnership with Cara North of Corrs Chambers Westgarth and Derek Bayley of A&O Shearman

Practice notes

Hague Judgments Convention

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This Practice Note considers the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention). The convention provides a framework for the enforcement of civil or commercial international judgments. This Practice Note sets out the background to the convention, its status and when it came into force. It then explains the scope of the convention (Articles 1–3), as well as the mechanisms for recognition of judgments (Articles 4–7). It then considers interpretation and application, which includes procedure and Costs (Articles 8–15) and finally the general clauses dealing with declarations, application of the convention where there are non-unified systems and the interaction of the convention with other international instruments.

Definitions

  1. applicant—a party applying for recognition or enforcement under the convention

  2. Hague Choice of Court Convention—HCCH Convention of 30 June 2005 on Choice of Court Agreements

  3. Contracting States—a State which has consented to be bound by the convention, whether or not the convention has entered into force for that

Cara North
Cara North

Special Counsel, Corrs Chambers Westgarth


Cara has over a decade’s worth of experience acting for clients on large and complex multi-jurisdictional disputes, specialising in domestic and international commercial litigation, arbitration and investor-state dispute resolution. Her expertise includes arbitrating under the rules of various arbitral institutions and acting for clients in complex and high profile litigation in the UK, the US, Guernsey, the Cayman Islands, Hong Kong and Malaysia, primarily in the areas of construction projects, large corporate collapses and fraud. 

Cara also has specific expertise in private international law, having worked as a consultant for the Hague Conference on Private International Law for five years and, prior to that, as a legal officer to the Hague Conference. 

Cara has practiced in specialist disputes firms in London and Geneva, working on several international investment and commercial arbitrations under the UNCITRAL Rules, the Swiss Rules for International Arbitration, the International Chamber of Commerce Rules and the American Arbitration Association Rules in the construction, petroleum and telecommunications sectors.

Cara has a Master of Laws degree specialising in International Dispute Settlement from the University of Geneva and the Graduate Institute of International and Development Studies, and is a member of the ACICA45 Steering Committee and the Australian branch of the International Law Association. She regularly publishes and speaks on the topics of private international law and international commercial and investment arbitration. 

Derek Bayley
Derek Bayley

Associate, A&O Shearman


Derek is an Associate in the dispute resolution team at Allen & Overy in Dubai. He is a dual qualified Australian / English solicitor. Derek is the former Peter Nygh Intern at the Hague Conference on Private International Law. 

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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