Beyond borders: how Hague 2019 is helping to navigate the complexities of cross-border recognition and enforcement of judgments in a post-Brexit world

Executive summary

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”) comes into force in the UK on 1 July 2025. It will simplify and streamline the recognition and enforcement of UK judgments in the courts of contracting states (EU Member States (excluding Denmark), the Ukraine, and Uruguay) providing welcome certainty as well as reducing the time, costs and legal red tape associated with enforcing cross-border judgments. Any new proceedings commenced in the UK from 1 July 2025, will benefit from straightforward reciprocal enforcement in the EU (and other contracting states), similar to the position prior to Brexit. As and when other states accede to Hague 2019, the possibilities for reciprocal enforcement of judgments will also increase.

Background

Once upon a time, when Britain was part of the EU, enforcing UK judgments in European courts, or vice versa, was relatively straightforward, by virtue of the Brussels Regime. When Britain exited the EU, the Brussels Regime ceased to apply to the UK. Whilst UK courts indicated that they would continue to recognise and enforce EU Member State judgments brought before them, EU member states did not rush to offer like assurances once the reciprocity offered by the Brussels Regime had been lost.

Regardless of your views on the merits of Brexit, what is unarguable is that one result of the UK’s exit from the EU was that the recognition and enforcement of judgments in cross-border civil litigation involving the UK and EU member states became significantly more complicated, time consuming and expensive.

Post-Brexit, parties looking to enforce a UK judgment in Europe have needed to ask themselves a series of questions to determine the correct regime to apply when seeking to enforce a UK judgment within an EU Member State. Where proceedings were instigated prior to 31 December 2020, the Brussels Regime still applies. For proceedings issued after that date, enforcement under the 2005 Hague Convention on Choice of Court Agreements (“Hague 2005”) may be possible where judgment was given pursuant to a contract which contains a symmetrical jurisdiction clause. Where no convention applies, parties have had to rely on the domestic law in the country of enforcement and/or state-by-state reciprocal agreements. We have seen, across Europe, applications for leave to enforce UK judgments declined or deferred, on the basis that no underlying statutory basis for enforcement exists.

What is Hague 2019 and what does it do?

Hague 2019 is an international agreement which aims to streamline the process of recognising and enforcing court judgments across borders. It provides a common framework for signatory states, facilitating the recognition and enforcement of judgments in civil and commercial matters. It aims to enhance access to justice in cross-border situations and promote international trade and investment. 

The UK signed Hague 2019 in January 2024 and ratified it on 1 July 2024. The Convention provides a clear and uniform framework for the recognition and enforcement of foreign judgments amongst contracting states and takes effect in the UK from 1 July, which is 12 months after ratification. From this date, there will be a clear path for the mutual recognition and enforcement of judgments between contracting states. For all involved in cross-border litigation, this marks a much welcomed step back towards legal certainty and procedural efficiency.

Hague 2019 will apply only to judgments where the underlying proceedings were commenced on or after 1 July 2025 in the UK, or 1 September 2023 in the EU (which ratified the convention earlier than the UK). This means that for proceedings that were issued in UK courts between 31 December 2020 and 1 July 2025, there is still a patchwork of possible routes to enforcement with a requirement for a case by case evaluation of routes for enforcement. Without a sound understanding of the intricacies of each Member State’s domestic laws and processes it is easy to get things wrong. 

Our flowchart provides an at-a-glance reference point for understanding the various paths to enforcement but getting to the right result still needs lawyers who know their way around the domestic landscape in the country of enforcement, as well as the existence of any other bilateral treaties that may exist between states. For example, the courts of Romania will not allow enforcement of a default judgment and so parties obtaining a judgment in the UK for enforcement there have needed to take additional steps in the UK proceedings in order to ensure that the judgment is enforceable against Romanian assets. Choosing a law firm that understands these nuances had never been more important where enforceable judgments are a priority.

View our flowchart

A major selling point of Hague 2019 is that it applies universally to judgments obtained in contracting states. Unlike Hague 2005, this includes judgments arising out of contracts which contain asymmetrical jurisdiction clauses. This is a particular benefit to financial institutions seeking to enforce judgments arising out of finance agreements which often contain non-symmetrical clauses. Hague 2019 is therefore hugely welcomed by parties to these types of agreements.

Hague 2019 also differs from Hague 2025 in that it does not confer jurisdiction on the courts of a contracting state to hear a dispute. Whether a court accepts jurisdiction to hear a dispute will therefore be determined by reference to the local law in that state. Other important exclusions from scope are that Hague 2019 does not apply to arbitration awards, or to judgments arising out of insolvency and intellectual property proceedings.

Which states have contracted to Hague 2019

Hague 2019 is already in force in the EU (excluding Denmark), Ukraine and Uruguay. It has been ratified by Andorra, Albania and Montenegro where it will come into force in 2026. A number of other states including the USA, Russian Federation, Israel, Kosovo, Costa Rica and North Macedonia have also signed the convention but not yet ratified it.

What does Hague 2019 mean for the future of cross-border enforcement?

Hague 2019 has important ramifications for enforcement of judgments between contracting states, most notably between the UK and EU. It replaces the statutory framework for the recognition of EU judgments in UK courts, and provides important reciprocation for UK judgments in the courts of EU member states. 

However, the potential effect of Hague 2019 is much wider than just re-facilitating the recognition and enforcement of judgments between the UK and the EU. As noted above, the convention is already in force in Uruguay and the Ukraine, and also comes into force in Andorra, Albania and Montenegro in 2026. 

Of particular interest to those involved in transatlantic dispute management is that the United States of America has also signed the convention, although it has yet to ratify it. While there has been progress—the USA State Department’s Advisory Committee on Private International Law considered proposed language for implementing legislation at its most recent meeting—accession is not imminent. If and when the USA does ratify the convention, there is enormous potential for simplified enforcement between the UK, EU and USA which will be extremely attractive to a large number of businesses operating globally and particularly across these jurisdictions – this kind of statutory basis for cooperation on enforcement with the USA currently only exists in relation to Arbitration Awards under the New York Convention. The recognition and enforcement of foreign court judgments is presently governed by the law of each individual state.

At Eversheds Sutherland, our extensive network of cross-border litigation and international arbitration specialists can guide you through enforcement of judgments in any jurisdiction. With our global network and unparalleled expertise we know how to obtain judgments that can be enforced quickly and easily, wherever in the world you are.