On 21st August, Latham & Watkins LLP published an article about the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, recently adopted by the Hague Conference on Private International Law. It explains that the Convention aims to provide a new global regime for the recognition and enforcement of civil and commercial judgments, much like the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) does with respect to arbitral awards and the Recast Brussels Regulation does with respect to the recognition and enforcement of civil and commercial judgments within the EU. If successful, the 2019 Hague Convention will provide a single uniform instrument pursuant to which civil and commercial judgments may be enforced worldwide. It applies to the recognition and enforcement of judgments in civil or commercial matters, but excludes judgments given in insolvency, defamation, privacy, intellectual property, family law matters, and most anti-trust matters. The Convention also does not apply to arbitration and judgments given in arbitration-related proceedings. As far as when (or if) it might have effect, it will only enter into force once at least 2 states have ratified it, and at present only Uruguay has signed the Convention. While further signatories and the entry into force of the Convention are expected, its true benefit will only be realised once a large number of states become party to the Convention, and thereby expands the number of jurisdictions in which cross-border recognition and enforcement of judgments can be sought.
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