Hague 2019 Judgments Convention: A Significant Development for Cross-Border Disputes

The United Kingdom’s accession to the “2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters” (“Hague 2019”) in July 2025 marked a significant move forwards in the international legal framework governing cross-border dispute resolution. For UK-based commercial entities the Convention introduces a new, more predictable post-Brexit mechanism for the recognition and enforcement of some UK judgments abroad, and vice versa. It enhances legal certainty for international contracts and offers a valuable potential alternative where other reciprocal enforcement arrangements may not assist.

In our previous post (UK Joins Hague 2019 Judgments Convention on 1 July 2025 - Burges Salmon), we noted that Hague 2019 had formally entered into force in the UK on 1 July 2025. In this follow-up, we analyse its scope, strategic implications, and relevance for businesses navigating cross-border disputes.

Filling the Post-Brexit Enforcement Gap

Pre-Brexit, UK judgments benefited from automatic recognition and enforcement across the EU under the Brussels Recast Regulation and, to a lesser extent, the Lugano Convention. These instruments provided a high degree of legal certainty and procedural efficiency. Post-Brexit, and without the benefit of the former regime, enforcement cross-border from a UK perspective is more fragmented and highly fact-specific - reliant on domestic regimes, bilateral treaties, or common law principles, each with varying levels of complexity and reliability.

The UK’s ratification of Hague 2019 may help address these issues. It complements the UK’s existing accession to the 2005 Hague Choice of Court Convention (“Hague 2005”), which applies only to judgments arising from exclusive jurisdiction clauses. Hague 2019 significantly broadens the scope by covering judgments based on non-exclusive, asymmetric, and other jurisdictional bases, all of which are common in commercial contracts, particularly in finance and infrastructure.

Scope and Operation of Hague 2019 

Hague 2019 applies to civil and commercial judgments arising from proceedings commenced on or after 1 July 2025. Its scope is deliberately broad, aiming to facilitate the cross-border recognition and enforcement of judgments in a wide range of commercial contexts.

What Is Covered?

The Convention applies to:

• Monetary judgments, such as damages awards or contractual sums.
• Non-monetary judgments, including orders for specific performance, declaratory relief, or injunctions granted on the merits (but not interim measures. Interim injunctions are not therefore covered).
• Orders for costs, provided they relate to a judgment covered by the Convention.

For a judgment to be recognised and enforced under Hague 2019, the issuing court must have had jurisdiction based on one of the grounds listed in Article 5. These jurisdictional bases are intended to reflect internationally accepted principles of jurisdiction and include:

• The defendant’s habitual residence in the state of origin.
• The defendant’s principal place of business in the state of origin.
• The place of performance of the contractual obligation.
• The defendant’s express submission to the court’s jurisdiction (e.g. by agreeing to litigate there).
• The defendant’s conduct in the proceedings (e.g. appearing without contesting jurisdiction).
• A strong connection between the dispute and the forum (e.g. torts committed in the state).

Unlike Hague 2005, which is (assuming all other criteria are met) triggered by an exclusive choice-of-court agreement agreed at the contracting stage, Hague 2019 relies on these factual jurisdictional connections.

Under Hague 2019, the enforcing court does not revisit the merits of the case, but it must confirm that the original court had jurisdiction under one of the Article 5 grounds. This is a gateway requirement. A defendant can therefore challenge enforcement by arguing that none of those grounds applied—for example, disputing habitual residence, claiming the place of performance was elsewhere, or asserting that submission to jurisdiction was invalid. Because concepts such as “habitual residence” or “strong connection” can be interpreted differently across jurisdictions, this check introduces an element of uncertainty even after judgment. 

That said, Hague 2019 still provides a clear, internationally recognised framework that widens enforceability scope compared to relying solely on domestic law or common law principles. With careful planning - such as considering likely jurisdictional connections when drafting contracts - businesses can use these criteria to strengthen enforcement prospects and reduce uncertainty.

What Is Excluded?

The Convention does not apply to:

• Revenue, customs or administrative matters.
• Interim measures, such as freezing orders or preliminary injunctions.
• Judgments concerning family law, succession, insolvency, carriage of passengers and goods, marine pollution, nuclear damage, validity or dissolution of legal persons, entries in public registers, defamation, privacy, intellectual property, activities of armed forces or law enforcement personnel, competition law, or sovereign debt.
• Arbitration awards.
• Awards of punitive or exemplary damages, which are considered incompatible with the Convention’s principles.

These exclusions reflect areas where international consensus is limited or where enforcement raises particular sensitivities.

How Enforcement Works

The enforcement process under Hague 2019 is procedural and streamlined, designed to reduce the burden on parties seeking recognition abroad:

1. Application for recognition and enforcement is made in the courts of the requested state – a complete and certified copy of the judgment will need to be provided.
2. The court will assess whether the judgment meets the Convention’s criteria - primarily whether the original court had jurisdiction under Article 5 and whether the judgment falls within scope.
3. No review of the merits is permitted. The foreign court cannot re-examine the substance of the dispute or the original decision.
4. Recognition may only be refused on limited grounds, including:
   • Public policy of the requested state.
   • Lack of proper notice to the defendant.
   • Fraud in obtaining the judgment.
   • Incompatibility with a prior judgment between the same parties.
   • Lack of enforceability in the State of origin.

Once recognised, the judgment is enforceable as if it were a domestic judgment, subject to the procedural rules of the enforcing jurisdiction.

Jurisdictional Limitations 

While Hague 2019 is a promising development, its practical utility depends on reciprocal ratification. As of November 2025, it is in force between the UK and:

• EU Member States (excluding Denmark)
• Ukraine
• Uruguay
• Albania, Montenegro (from March 2026) and Andorra (from June 2026)

Other signatories - including the United States, Russia, and Israel - have yet to ratify. Until they do, enforcement of a UK judgment under Hague 2019 will not be available in those jurisdictions.

Strategic Implications for UK Businesses

• Contract Drafting and Jurisdiction Clauses

The Convention should be borne in mind when drafting and negotiating jurisdiction clauses. While the 2005 Hague Convention remains relevant for exclusive jurisdiction agreements, Hague 2019 provides an additional option for contracts using non-exclusive or asymmetric clauses, which are often preferred for commercial flexibility.

• Enforcement Planning

Businesses can now assess with greater certainty whether a judgment obtained in England and Wales will be enforceable in another jurisdiction. This is particularly relevant for disputes involving counterparties in the EU (excluding Denmark), Ukraine, Uruguay, and – from 2026 - Albania, Montenegro, and Andorra.

• Sector-Specific Relevance

The Convention may be especially valuable in sectors where asymmetric jurisdiction clauses are standard (e.g. banking and finance), and where enforcement of non-monetary relief (e.g. specific performance or declaratory relief) is commercially significant.

Conclusion

Hague 2019 is a welcome and timely addition to the UK’s international dispute resolution framework. It restores a degree of predictability and efficiency in cross-border enforcement, particularly for judgments that fall outside the scope of the Hague 2005 Choice of Court Convention.

For commercial clients, the Convention offers a strategic advantage in managing litigation risk and enforcing rights across borders - especially in sectors where non-exclusive or asymmetric jurisdiction clauses are common, and where enforcement of non-monetary relief is commercially significant.

Burges Salmon can assist by:

• Advising on the applicability and interplay of the Hague Conventions in cross-border contracts and disputes
• Reviewing and drafting jurisdiction clauses to maximise enforceability
• Assessing enforcement prospects in specific jurisdictions
• Supporting clients through recognition and enforcement proceedings 

If you would like tailored advice on how the Hague Conventions may affect your business or contracts, please get in touch with Caroline Brown, Elizabeth Pouget, or your usual Burges Salmon contact.