A significant step forward for the Enforcement of Overseas Judgments as the UK contracts to The Hague 2019 Convention

The increasing globalisation by both individuals and companies inevitably results in disputes which, if they cannot be resolved by negotiation, often leads to legal action through the courts whereupon the question of enforcement of a judgment in a foreign jurisdiction arises.

Following over a year-long Consultation on advisability of contracting to The Hague 2019 Convention which was strongly recommended, the Government concluded that it should join. The Hague 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters was signed up to on Friday 12 January 2024 and will come into force when it is ratified which is anticipated in early 2025.

The Hague 2019 Convention offers advantages in terms of cross-border legal co-operation, but careful consideration of the specific circumstances, legal requirements and potential challenges makes it essential to be guided by legal experts to ensure a comprehensive understanding of the implications and the benefits.

The Hague 2019 Convention will provide a standardised structure for the recognition and facilitate enforcement of judgments overseas between the UK and the other contracting states. In turn, this will considerably improve the access to justice for both individuals and commercial entities globally, strengthening international multilateral commerce and mobility by providing the confidence that, should a dispute arise, it can be dealt with efficiently. Additionally, it will assist the England & Wales court’s reputation as a forum for international dispute resolution and it will provide greater confidence as to the potential ease of enforcement of a judgment across borders.

Gabriele Giambrone, Managing Partner, commented “a considerable number of countries have contracted or are in the process  of contracting to The Hague 2019 Convention as The Hague Conference on Private International Law (HCCH) demonstrates.” Gabriele further commented “The Hague 2019 Convention will extend the enforcement of judgments in much wider situations than those extended by the 2005 Hague Convention on Choice of Court Agreements offered between EU member states, which may influence and assist in the decisions of EU and UK companies wishing to expand across borders.”

Once ratified The Hague 2019 Convention will go some considerable way to enabling and restoring the enforcement of judgments between the UK and EU in the various courts of the UK following Brexit now that the recast Brussels Regulation and the Lugano Convention no longer apply between the UK and EU. Resulting in more cost-effective resolutions to contentious disputes and supporting international trade and commerce.

As all companies are aware litigation and dispute resolution is costly and time consuming and every effort to avoid this situation should be made. Each country has their own rules relating to the recognition and enforcement of judgments, however the rules vary depending on the country and circumstances. The Hague 2019 Convention is an extremely positive development for international dealings by providing a predictable regime that can be bolstered by robust contracts that have been drafted by multi-jurisdictional lawyers who have a comprehensive understanding of divergent perceptions, variations, cultural expectations as well as the international legal aspects.

When embarking on a new transaction it should be examined and evaluated and a review of the standard form contract should be undertaken to ensure that it is fit for the purpose and there are no contradictory clauses that have been added that will impact on a dispute. A well drafted contract should define every aspect of a commercial transaction, incorporating all the essential clauses that will shape how a dispute that arises is managed. By including a comprehensive range of clauses relating to a potential dispute it serves to limit unexpected eventualities that could be detrimental in some circumstances.

Giambrone & Partners highly regarded multi-jurisdictional, multi-lingual litigation and dispute resolution lawyers are leading lawyers international dispute resolution and have a wealth of experience in international litigation.

Gabriele Giambrone the global managing partner and head of the European litigation and Arbitration department. Heis a multi-jurisdictional dispute resolution lawyer specialising in international arbitrations, mediations, investigations, regulatory, white-collar fraud, antitrust, anti-corruption, bribery and the strategic management of complex litigation. Gabriele has strong academic credentials, qualified as Barrister in England & Wales, as Avvocato in Italy and as Abogado in Spain.

On graduating from the University of Palermo, Italy, with a first-class cum laude degree, he read law and economics at the University of Aberdeen in Scotland. Following which Gabriele worked in the Milan branch of Allen & Overy before being offered a position in the corporate department of the Royal Bank of Scotland in London.

In 2005, he founded the firm which has recently won the prestigious awards of "Best Italian Law Firm (Sicily and Sardinia)” at the 2018 TopLegal Awards in Rome. The firm has over 120 lawyers between our offices in London, Milan, Rome, Palermo, Sardinia, Glasgow, Barcelona, Gran Canaria, Porto, Casablanca and Tunis.

Gabriele has a comprehensive understanding of both the technical legal requirements for matters involving multiple jurisdictions and the practical concerns and investigative methods used by governments and experts in different countries. He also manages large disputes portfolio resulting from the rise of financial fraud including Forex and binary options claims

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