The 2019 Judgments Convention of the HCCH

The 2019 Judgments Convention of the HCCH: between history, content and current affairs.

1. Introduction and historicity

The Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, known as the 2019 Judgments Convention, was adopted by the Hague Conference (HCCH) on 2 July 2019, concluding a long journey that started back in the 1990s with the Judgments Project and was relaunched in 2012 after the successful 2005 Choice of Court Convention. It aims to fill a gap by providing a uniform framework for the international circulation of civil and commercial judgments in an increasingly interconnected world.

2. Scope and main structure

The Convention applies only to judgments 'on the merits' issued in civil or commercial matters, excluding areas such as taxes, dues, administrative matters, criminal matters, interlocutory orders and provisional measures.

It provides:

1. Appropriate jurisdiction (consent, domicile, place of performance or tort).
2. Recognition and enforcement automatic, subject to specific exceptions (fraud, inconsistent judgement, manifest incompetence).
3. Minimum documentation, including certified originals and official translation, if necessary.

It represents a significant development from the 2005 Choice of Court Convention, as it also includes judgments not arising from exclusive choice of court agreements.

3. Entry into force: decisive steps

• 1 September 2023: enters into force between the European Union (excluding Denmark) and Ukraine, after both deposit their instruments of ratification.
• 1 October 2024: same date for Uruguay, first signed on 2 July 2019.
• 1 July 2025: enters into force for the United Kingdom (England and Wales init., then also for Scotland and Northern Ireland), after signature (12 January 2024) and instrumental filing (27 June 2024).

As of today (July 2025), there are a total of 33 Parties to the Convention (including states awaiting ratification).

4. Practical implications

Greater certainty and fewer obstacles in cross-border recognition/enforcement, with harmonised procedures and limited possibilities for refusal.

It is aligned with the 1958 New York Convention on Arbitration, with the ambition of balancing reciprocity between national legal systems.

It offers a modern alternative to European regulations (Brussels I, Lugano), while remaining more limited in scope and slower in adoption.

5. Between present and future

The gradual entry of states such as the United Kingdom and Uruguay broadens the range of operations. Countries like the United States and Canada are showing interest due to their already rather 'open' rules to foreign recognition. However, it remains crucial to encourage further ratifications by Japan, China, Switzerland, etc., in order to turn a good rule into a global standard, reinforced by the European experience.

6. Useful links

• Official text of the 2019 Judgments Convention (HCCH).
• Updated status table: number of Parties and effectiveness by State.
• HCCH communiqué on entry into force for the UK.

7. What are the concrete advantages?

Simplified enforcement. It will no longer be necessary to take lengthy or uncertain steps to have a foreign judgment recognised in the UK. If the judgment comes from a state party to the Convention, it will be directly recognisable and enforceable, with limited and codified exceptions.

Clear and uniform rules.

The Convention establishes objective criteria for recognition, such as:

• The defendant was domiciled in the State of origin;
• They had voluntarily submitted to the jurisdiction;
• The dispute was related to a contract to be performed in the home state;
• Or the place of business was in the issuing state.

Reduced costs and time.

 Due to the standardised procedure, procedural burdens are reduced compared to traditional English common law, based on concepts such as finality and merit review.

8. What does it take to apply for recognition?

1. Certified copy of the judgment.
2. Certificate issued by the authority of the State of origin (uniform model provided for in the Convention).
3. Possible sworn translation.

The English court will not review the merits of the decision. It may, however, refuse enforcement only in exceptional cases, for example:

• Manifestly inadequate jurisdiction;
• Violation of the right of defence;
• Contrary to English public policy.

9. To which judgments does the 2019 Judgments Convention apply?

In order to be able to use the Convention for the recognition or enforcement of a judgment in England and Wales, it is essential that not only the subjective and objective criteria of the Convention are met, but also a precise time requirement.

Time requirement: when did the proceedings start?

According to Article 16 of the Convention, this applies only to judgments rendered in proceedings instituted after the entry into force of the Convention between the State of origin and the State addressed.

Therefore:

• For applications for recognition or enforcement in England and Wales, the Convention applies only to judgments given in proceedings commenced after 1 July 2025, the date on which the Convention enters into force for the United Kingdom.
• In addition, the judgment must come from a State that at the time of recognition is a party to the Convention and is bound to the United Kingdom through the Convention (i.e., both States must be Parties and the Convention must already be in force between them).

Other cumulative requirements.

In addition to the time requirement, the judgment:

• It must relate to civil or commercial matters (excluding family law, criminal law, bankruptcy law, tax law, etc.);
• It must be final and binding in the State of origin;
• It must derive from a judgement on the merits;
• It must not fall within the cases of exclusion (e.g. provisional measures, punitive damages, violation of public order, etc.).

10. Conclusion

The 2019 Convention represents a concrete step towards a more robust transnational system of judicial recognition. The entry of the United Kingdom on 1 July 2025 - in a post-Brexit context - marks a turning point for professionals and businesses active across borders. It is now up to the legal community to promote further ratifications so that the mechanism develops into a widespread and reliable international standard.

If you have obtained (or are in the process of obtaining) a foreign judgment and are considering whether you can have it recognised or enforced in England or Wales, it is essential to check the date of commencement of proceedings and the international status of the Convention with reference to your country.

In order to proceed with certainty, we recommend that you consult with us so that we can assess together which instrument is most suitable since, in addition to the 2019 Judgment Convention, the 2005 Choice of Court Convention or other conventions may be applicable, such as the Foreign Judgments (Reciprocal Enforcement) Act 1933 for judgments resulting from proceedings commenced after 31 January 2021, or Regulation (EU) 1215/2012 for judgments resulting from proceedings commenced before 31 January 2021.