Cross-Border Legal Protection Made Easier: What the Hague Judgments Convention Means for Your Business

 

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters[1] (“Hague Judgments Convention”) entered into force in the United Kingdom on 1 July 2025, applying to judgments arising from proceedings commenced on or after such date. This development is particularly significant for UK businesses and founders navigating cross-border legal disputes in a post-Brexit landscape.

Closing the Post-Brexit Enforcement Gap

Since the UK’s departure from the EU, enforcing civil and commercial judgments between the UK and EU member states has relied on a patchwork of treaties, common law principles, and domestic laws – creating uncertainty and procedural hurdles. The Hague Judgments Convention addresses this by establishing a uniform framework for recognising and enforcing judgments across contracting states, reducing legal risks for internationally active businesses.

The Hague Judgements Convention operates alongside two other critical agreements: the Hague Convention on Choice of Court Agreements (2005)[2], which enforces exclusive jurisdiction clauses in contracts, and the Recast Brussels Regulation (Regulation (EU) No. 1215/2012)[3], which governs intra-EU disputes. Together, these instruments provide businesses with clearer pathways for cross-border enforcement where previously complexity prevailed.

Strategic Benefits for Businesses and Founders

For companies engaged in international trade, investment, or contractual disputes, the Hague Judgements Convention delivers three key advantages: 

  1. Enhanced Enforcement – Judgments from one contracting state are more readily recognised in others, minimising the need for re-litigation.

  2. Cost and Time Savings – By streamlining enforcement procedures, businesses avoid duplicate proceedings and navigate foreign legal systems more efficiently.

  3. Greater Predictability – The framework allows companies to enter cross-border agreements with increased confidence in their ability to enforce rights abroad.

Businesses should proactively assess how the Hague Judgements Convention affects their operations. Key steps include reviewing jurisdiction clauses in contracts, evaluating dispute resolution strategies to leverage the new enforcement mechanisms, and considering how the framework mitigates risks in key markets. 

Looking Ahead

If your company deals with international partners, suppliers, or customers, the new Hague Judgments Convention could significantly simplify how legal decisions are enforced across borders. This development is particularly valuable for UK businesses navigating the post-Brexit landscape.

How can Dragon Argent help?

Dragon Argent’s litigation team can help you understand how the Hague Judgements Convention applies to your specific situation. We can explain how it affects your existing contracts and advise you on the most effective ways to protect your interests in international agreements. To ensure your cross-border agreements are properly safeguarded under this new framework, contact our litigation specialists for clear, practical guidance.

[1] https://www.hcch.net/en/instruments/conventions/full-text/?cid=137

[2] https://www.hcch.net/en/instruments/conventions/full-text/?cid=98

[3] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R1215


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Written by:

Margherita Barbagallo

Head of Litigation, IP & Art Law

Nilojana Nirmalan

Litigation Solicitor

 

 

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