The Hague 2019 Judgments Convention - from failure to success?

Abstract

The author discusses the Convention on Recognition and Enforcement of Judgments in Civil and Commercial Matters adopted on 2 July 2019 by the Hague Conference on Private International Law. After tracing the history of the Convention, the author discusses its scope of application, and concludes that although the scope is relatively narrow, it will in return improve the possibility of a more widespread acceptance of the Convention. The author also finds that the rules of indirect jurisdiction are likely to be acceptable globally. Although most provisions have been inspired by civil law, common law concepts have had a significant impact. The author stresses that the Convention together with the Hague Choice of Court Convention of 30 June 2005 should be taken as “a package”. The author finds that the provisions on recognition and enforcement by and large are uncontroversial, as they to a large extent have been copied from the 2005 Convention. In relation to the possibilities under the Convention for States to deposit declarations and reservations, and to make use of the Convention’s flexible bilateralization mechanism, the author concludes that the Convention is based on political realism making the likelihood of success for the Convention feasible.