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New Hague Convention Seeks To Facilitate Global Enforcement Of Judgments

Thursday, 19th July 2019

"On July 2, 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“HCCH”) finalized and adopted a new multilateral treaty, the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “2019 Enforcement Convention”), which obliges contracting states to recognize and enforce civil and commercial judgments rendered in another contracting state. It remains to be seen whether states will sign and ratify the 2019 Enforcement Convention in significant numbers. Background

Established in 1893, the HCCH is an intergovernmental organization working on private international law issues and is responsible for forty-one international conventions, protocols, and soft law instruments, including, notably, the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and the Convention of 30 June 2005 on Choice of Court Agreements. Today, 82 states and the European Union are HCCH members.

The 2019 Enforcement Convention is the culmination of almost thirty years of work. In 1992, the HCCH first considered proposals to establish a uniform set of rules on court jurisdiction and the recognition and enforcement of judgments in cross-border civil and commercial cases. In 2013, an HCCH Working Group began considering proposed language for a convention on the mutual recognition and enforcement of judgments, and completed an initial draft in October 2015, which was revised in May 2018. In June 2019, HCCH members debated the final text of the 2019 Enforcement Convention, which was formally adopted on July 2."

Read in full: 

Source: Morrison & Foerster LLP
Language: English
Contact: Craig I. Celniker, Sarah J. Thomas, David Hambrick, Daniel Steel and Sheryl Janet George

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