Hague 2019 comes into force: the post-Brexit enforcement landscape changes again

On 1 July, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019) entered into force in England and Wales. In simple terms, Hague 2019 is for non-exclusive jurisdiction clauses what Hague 2005 is for exclusive jurisdiction clauses: a method by which English judgments made pursuant to non-exclusive jurisdiction clauses will be more easily enforced in the EU (among other jurisdictions) and vice versa.

The Brexit enforcement gap

One of the many consequences of Brexit was that the UK ceased to be a member of certain conventions which simplified the process for enforcing UK judgments in other EU states, and vice versa. These included the Brussels "Recast" Regulation and the Lugano Convention, to which the UK had been a party when a member of the EU. This legislative lacuna was filled in part by the UK acceding to the 2005 Hague Convention on Choice of Court Agreements (Hague 2005), effective 1 January 2021. This provided a means by which certain UK proceedings instituted after 1 January 2021 could be enforced in the EU, but the scope was limited. First, Hague 2005 only applied to exclusive jurisdiction clauses, and secondly (as far as concerned enforcing UK judgments in the EU) it only applied to UK exclusive jurisdiction clauses arising from agreements entered into after 1 January 2021. Judgments falling outside this narrow scope had to be enforced via domestic laws of relevant EU member states, a process often requiring the dusting-off of pre-EU forgotten bilateral treaties.

Enter Hague 2019

Ratified by the UK Government on 27 June 2024, Hague 2019 provides for mutual recognition and enforcement of civil and commercial judgments between the contracting states (which includes the UK, the EU (but not Denmark), Ukraine and Uruguay). Other states – such as the US and Israel – have signed Hague 2019, but not yet ratified or enforced it.

Hague 2019’s key provisions and exclusions:

• Only judgments rendered after Hague 2019 has been in force between the relevant states are eligible (ie after 1 July 2025). However, unlike Hague 2005, the date of the underlying agreement is irrelevant – pre-existing contracts with non-exclusive jurisdiction clauses are covered.
• Article 2 excludes certain categories of judgment: carriage of goods, insolvency, arbitration, wills and succession, defamation and IP, among others.
• To be eligible, a judgment needs to satisfy one of various requirements set out in Article 5, establishing a sufficient link between the judgment state and the enforcement state. Exclusions may still apply in certain (not surprising) categories, such as public policy issues or res judicata.
• Coverage is limited to England and Wales. Scottish and Northern Irish judgments are not in scope, nor is there application to British Overseas Territories or Crown Dependencies.

Practical implications

• Given the July 2025 start date, it will be a while before we see Hague 2019 applied to English judgments (or being relied upon for enforcement of foreign judgments in England). In the meantime, the best bet for English practitioners may be to see how other contracting states have applied Hague 2019, and what disputes get appealed to the Court of Justice of the European Union (CJEU).
• Two areas merit particular attention:
  1. Arbitration clauses: The explanatory notes to Hague 2019 indicate that a court could refuse to enforce a judgment if the same was rendered in breach of an arbitration clause. This may protect against rogue enforcement in England, however whether less pro-arbitration jurisdictions will adopt the same policy remains to be seen.
  2. Asymmetric jurisdiction clauses: Unlike Hague 2005, these should now be covered. However, some EU courts have historically viewed asymmetric clauses unfavourably on public policy grounds. Again, it will be interesting to see if this results in non-uniform enforcement under Hague 2019.

Conclusion

Hague 2019 represents a significant improvement in the post-Brexit enforcement landscape, reducing reliance on outdated domestic enforcement regimes. While welcome, its practical impact will depend on how courts – particularly the CJEU – interpret its provisions. We’ll be monitoring the first enforcement decisions closely.  

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2025