The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters was concluded at The Hague on 2 July 2019, in a single copy, the English and French texts being equally authentic, deposited in the archives of the Government of the Kingdom of the Netherlands. It was adopted at the Twenty-Second Session of the Hague Conference on Private International Law. It is complementary to the Convention of 30 June 2005 on Choice of Court Agreements; it is not the 1958 New York Convention on arbitral awards.

Article 1: recognition and enforcement, in one Contracting State, of a judgment given by a court of another Contracting State, in civil or commercial matters; it shall not extend in particular to revenue, customs or administrative matters. Article 2 excludes, at framework level, status of persons, family law, succession, insolvency, arbitration, intellectual property and other listed fields; the catalogue is not transcribed. Interim measures of protection are not judgments under Article 3.

Article 4: a judgment of the State of origin shall be recognised and enforced in the requested State only on the grounds in this Convention; there shall be no review of the merits. Recognition only if it has effect in the State of origin; enforcement only if it is enforceable there. Article 5 sets out, at framework level, connecting factors (habitual residence, establishment, consent, place of performance, immovable property); it is not a procedure handbook. Article 7: refusal for public policy, fraud, lack of notice, inconsistent judgments — without an enforcement playbook.

Article 24: open for signature, ratification, acceptance, approval or accession by all States. Depositary: the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 28: enters into force on the first day of the month following expiry of the Article 29 notification period with respect to the second State that has deposited its instrument; it entered into force on 1 September 2023. Article 29 allows a Party to notify that another State’s ratification shall not establish relations between them. Regional economic integration organisations may accede (Article 26).

Cover: the Peace Palace at The Hague, seat of the Conference; we do not claim the session hall. Wikimedia Commons, free licence.

Sources consulted: Hague Judgments Convention; Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (HCCH).