Recognition and Enforcement of Foreign Judgments
Our law firm has expert knowledge on the recognition and enforcement of foreign judgments in civil and commercial matters.
This background, paired with our vast network of litigants around the world, make us an effective one-stop-shop for all aspects of the process.
WHAT IS THE HAGUE JUDGMENTS CONVENTION?
The Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, is a treaty aimed at simplifying and facilitating the recognition and enforcement of foreign judgments in civil or commercial matters between countries that have ratified it.
The convention establishes a common framework for the recognition and enforcement of foreign judgments in participating countries. It provides rules and procedures for the recognition and enforcement of judgments rendered by courts of one participating country in the courts of another participating country. This is intended to provide greater legal certainty and reduce the cost and complexity of cross-border litigation.
In practice, the Hague Judgments Convention is used by litigants seeking to enforce a foreign judgment in a participating country. The Convention provides a mechanism for obtaining recognition and enforcement of foreign judgments in a manner that is more efficient and predictable than relying on national laws.
This can be particularly useful for parties engaged in international trade or investment, where disputes may arise that require enforcement of foreign judgments in different countries.
United States signs the Hague Judgments Convention
In March 2022, The US signed the Hague Judgments Convention. International treaties must be ratified by Congress to enter into force, which has not yet happened. However, with their signature, the US now has an obligation to not defeat the object and purpose of the treaty, in accordance with Article 18 of the Vienna Convention on the Law of Treaties.