The ongoing expansion of global commerce and cross-border transactions continues to fuel economic growth and open new markets. However, with this progress comes an increased risk of international disputes. When court proceedings are pursued, a party that secures a judgment in one jurisdiction may wish to enforce it in another, a process that can often prove complex and time-consuming.
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters establishes a unified framework for the cross-border recognition and enforcement of judgments in applicable civil and commercial cases. This Convention officially enters into force on 1 July 2025.
Vincenzo Senatore, Senior Partner in the London office, commented: "This development marks a significant milestone in the enforcement of foreign judgments across the UK. It will reduce both the time and cost associated with enforcing civil and commercial judgments and may act as a deterrent against baseless defences intended to delay payment under the assumption that enforcement would be impossible." He added, "Parties can now litigate with the confidence that a favourable ruling is enforceable and will be satisfied."
A few examples of disputes that may fall within the Convention's scope include:
- Breach of contract
- Misrepresentation
- Delayed or defective performance
- Non-payment for goods or services
- Breach of warranty
The commercial dispute resolution lawyers at Giambrone & Partners highlight the following conditions under which a judgment may be enforceable under the Convention:
- The debtor was habitually resident in the state where the judgment was issued.
- The debtor consented to the jurisdiction of the court that issued the judgment.
- The debtor did not dispute the court's jurisdiction, thereby submitting to it.
- The underlying obligation was performed, or was due to be performed, in the state where the court is located.
- The judgment was issued by a court designated under a non-exclusive jurisdiction agreement.
However, recognition and enforcement may be refused under certain limited circumstances, such as:
- The defendant was not properly notified of the proceedings.
- The defendant was denied a fair opportunity to present their case.
- The judgment was obtained through fraud.
- The enforcement would violate the public policy of the enforcing state.
- The parties had agreed to litigate in a different forum.
- The judgment contradicts an earlier judgment between the same parties in the enforcing state.
Giambrone & Partners, experienced cross-border dispute resolution lawyers — many of whom are qualified in multiple jurisdictions — provide strategic advice on jurisdiction selection and litigation planning. Their deep understanding of the nuances between legal systems ensures that critical aspects, such as limitation periods, are never overlooked.
Our legal team is well-positioned to guide you through the implications of the Hague Convention on the Recognition and Enforcement of Foreign Judgments and assist in securing an effective resolution to your case.
Once a foreign judgment is recognised under the Convention, enforcement in the UK can proceed as if it were a domestic judgment. For instance, if a commercial party in Italy obtains a judgment in an Italian court for non-payment of goods delivered, and the UK recognises this judgment under the Hague Convention framework, the judgment creditor can then apply to the English court to register the judgment. After registration, standard UK enforcement mechanisms become available, including seizure of assets, third-party debt orders, charging orders on property, or even bankruptcy proceedings if the debtor fails to pay.
Vincenzo Senatore has broad experience of UK and international cross-border transactions across a variety of industry sectors as well as expertise in international corporate and criminal law. Vincenzo is a formidable litigator with a demonstrable history of bringing transactions to successful conclusions, providing legal support to partners and delivering strategic advice to diverse clientele.
After completing his studies as Erasmus student at the Paris-Lodron Universität of Salzburg (A), Vincenzo graduated at the University of Naples "Federico II" (IT) and moved to the USA to gain his Master of Laws (LLM) in International Business Transactions and Trade Law at the Catholic University of America, Columbus School of Law, Washington DC.
Vincenzo has worked in the USA where, during his fellowship at the prestigious Stanford Center for Biomedical and Ethics (Stanford University), specialised in intellectual property related to human embryonic stem cells. His research was published in the prestigious peer-reviewed scientific journal Nature Biotech. During that time, he passed the first test (MPRE) to become a California attorney and also became Notary Public for the State of California.
Vincenzo's professional activities have encompassed, amongst others, being on the scientific organizer committee for the Association Internationale des Jeunes Avocats for conferences on Anglo-American Law and as speaker in webinars, lectures and conferences organised by the British Chamber of Commerce (IT), CUA, Columbus School of Law, Washington DC (USA), Lockey Stem Cells Building Research, Stanford University (USA), SKKU School of Business (Republic of Korea), and the Naples Bar Associations, as expert in Civil and Common law arena.
Vincenzo has been recently appointed to the CUA, Columbus School of Law's Alumni Council, Washington, DC. The prestigious Alumni Council forms the governing body of Catholic Law Alumni Association, formed in 2013 to endorse and advance the values, objectives, and well-being of The Catholic University of America and Columbus School of Law. He is also member of the International Criminal Court Bar Association, the Law Society of England and Wales, the Naples Bar Association, and of the International Academy of Financial Consumers (Korea) where he is also editorial member.
Vincenzo Senatore is, to date, the only Italian lawyer registered in the List of Professionals of the Italian Embassy in Tokyo and the Italian General Consulate in Osaka. Vincenzo heads the Giambrone's Japanese Desk in Italy and the Firm's offices both in Tokyo and Osaka, through the strategic alliances with Kikkawa Law Offices and Meilin International Law Firm.
He regularly represents large and medium size Italian and Japanese enterprises in operations in both countries as well as private clients and entrepreneurs doing business with Japanese companies. His expertise includes a range of cross-border transactions, including M&A, joint ventures, opening branches and subsidiaries, and setting up companies in foreign countries, assisting clients to meet their outcomes.
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.
