What international conventions, treaties or other arrangements apply to the enforcement of foreign judgments in your jurisdiction and in what circumstances do they apply?
Given the UK's withdrawal from the EU on 31 January 2020, the international arrangements that will apply to the enforcement of a foreign judgment in the UK depend not only on where the judgment originates from, but when proceedings in the foreign court were instituted:
- The Recast Brussels Regulation (e., Regulation (EU5) 1215/2012), applies to judgments from all EU member states in respect of judgments in proceedings instituted between 10 January 2015 and 31 December 2020.
- The 2001 Brussels Regulation (e., Regulation (EC) 44/2001), applies to judgments from all EU member states in respect of judgments in proceedings instituted before 10 January 2015.
- The 2007 Lugano Convention applies to judgments from Iceland, Norway and Switzerland in respect of judgments in proceedings instituted before 31 December 2020.
- The Brussels Convention applies to judgments from Gibraltar and various EU dependent territories, in respect of judgments in proceedings instituted before 31 December 2020.
- The EEO Regulation (e., Regulation (EC) 805/2004) applies to judgments from all EU member states (except Denmark) insofar as they relate to uncontested claims for a specific sum, in respect of judgments given in proceedings before 31 December 2020 and where certification as an EEO was requested before that date.
- The 2005 Hague Choice of Court Convention applies to judgments from (i) Mexico, Singapore, Montenegro and Ukraine; and (ii) the EU27 states after 31 December 2020, subject to transitional provisions where the EU regime still applies.
Unless the UK accedes to the Lugano Convention in its own right in the future, applications for enforcement of foreign proceedings initiated after 31 December 2020 will need to be made under (i) the 2005 Hague Convention; or (ii) English domestic law.
From 1 July 2025, foreign judgments may also be enforced under the 2019 Hague Judgments Convention, which will apply to judgments from all EU member states, Ukraine and Uruguay, subject to transitional provisions where the EU regime still applies.
There are also a range of specific subject-matter treaties and conventions that provide for the enforcement of certain types of judgments and/or awards.
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Originally published by Legal 500
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
