1.Introduction

On 1 July 2025, the UK joined the Hague 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. This development marked a significant return to multilateral cooperation in civil judicial enforcement after the UK’s exit from the EU (Brexit).

This blog will unpack this recent yet quietly transformative development in international dispute resolution, examining how it reshapes cross-border legal enforcement and alters the strategic calculations of commercial actors navigating the post-Brexit legal landscape.

2. Understanding the Hague Conventions: The 2019 and 2005 Frameworks

The 2019 Hague convention fills the loophole of the 2005 Convention by broadening the scope of jurisdiction to non-exclusive or asymmetric jurisdiction clauses, widely used in commercial and cross-border contracts, where one party has more flexibility in choosing where to sue. This broader scope makes the 2019 Convention more commercially relevant for businesses engaged in cross-border or multi-jurisdictional arrangements.

The 2019 Convention adopts a similar jurisdictional approach to the 2005 Convention. Article 2 provides a broad definition of civil and commercial matters, while explicitly carves out the exclusions from its scope, which include the following:

• Family law
• Insolvency & bankruptcy
• Arbitration
• IP
• Defamation
• Sovereign matters
• Carriage of goods (sea/air)
• Anti-trust/competition law
• Nuclear liability
• Privacy and data protection

Therefore, everything that is not excluded, is in the scope of the 2019 Convention.

3. Lawsplained

This ratification is commercially relevant as this marks the UK’s return to the club of coordinated enforcement, especially after losing access to the Brussels and Lugano regimes post-Brexit. Through the commercial lens, commercial lawyers play a critical role, not only in interpreting the Convention’s scope but also in strategically embedding it into transactional design, risk allocation, and enforcement planning. From contract drafting and forum selection to due diligence and enforcement analysis, legal advisors must bridge regulatory clarity with commercial advantage. Their ability to navigate the nuances of the Convention will directly impact deal outcomes, litigation strategy, and the enforceability of client interests across borders such as:

1. Drafting Advantage: When companies write contracts, they often choose a jurisdiction (i.e., which country’s courts will handle any disputes). Now that the UK is part of the Convention, commercial lawyers must mention that the UK courts becomes a flexible option for parties in EU countries, Ukraine, Uruguay, etc., because any UK judgment can now be enforced in the member states countries more easily.
2. Litigation Strategy: Commercial lawyers advising clients on dispute resolution can now use the Convention as a risk-mitigating tool. Enforcement pathways across participating jurisdictions support stronger litigation planning, forum selection, and enforcement forecasting. This development enhances the validity of UK judgments in transnational litigation and supports more robust litigation planning for cross-border disputes.
3. Risk Allocation: In business deals (especially M&A or loans), the ability to enforce judgments internationally reduces legal risk. For instance, enforceability of UK judgments is less uncertain, which can tilt valuations, insurance underwriting, and even lender appetite in favour of UK-linked deals. For example, a lender may feel safer lending money if they know they can enforce UK judgments abroad if something goes wrong.
4. Faster Enforcement: Judgments from UK courts can now be directly enforced in Convention countries without re-litigation, expediting cross-border remedies.
5. Cost Savings: Streamlined enforcement reduces legal fees and procedural delays, benefiting parties in high-value international disputes.

However, there are a few loopholes in the 2019 Convention, such as:

1. Limited subject-matter scope in jurisdiction bars its utility in many high-value disputes
2. Prospective applicability to the cases (i.e., after 22nd July) means existing judgments remain unaffected,
3. Public policy exceptions may still obstruct enforcement in some jurisdictions and
4. Limited number of countries have ratified it curtailing its enforceability globally.

Thus, the Hague Convention 2019 strengthens the cross-border enforceability of UK judgments but its limited scope, prospective applicability, and narrow ratification base restricts its immediate commercial impact, demanding cautious, case-by-case legal strategy.

4. Conclusion

The Hague 2019 Convention may appear procedural, but it reshapes how cross-border contracts are enforced. For businesses and commercial lawyers, it introduces a clearer, more reliable framework, turning legal judgments into actionable outcomes. In today’s global market, enforceability is not just a legal matter but a commercial edge.

5. References

1. https://www.gov.uk/government/speeches/statement-on-the-entry-into-force-of-the-2019-hague-convention#:~:text=I%20am%20delighted%20to%20confirm,into%20force%20for%20the%20UK.
2. https://www.lexology.com/library/detail.aspx?g=a821311c-fbdf-4bf7-afd4-f07409e838eb#:~:text=On%201%20July%202025%2C%20the%20%E2%80%9CHague%20Convention,Convention%E2%80%9D)%20entered%20into%20force%20in%20the%20UK.&text=It%20applies%20only%20to%20proceedings%20commenced%20on,judgments%20resulting%20from%20existing%20disputes%20are%20excluded.
3. https://www.schoenherr.eu/content/mind-the-gap-united-kingdom-ratifies-hague-convention-on-recognition-and-enforcement-of-foreign-judgments-in-civil-and-commercial-matters-for-england-and-wales#:~:text=How%20does%20it%20affect%20businesses,be%20upheld%20in%20foreign%20jurisdictions.
4. https://www.aoshearman.com/en/insights/hague-judgments-convention-2019-in-the-uk-key-points-for-commercial-parties
5. https://www.dlapiper.com/en/insights/publications/2024/07/uk-government-ratifies-hague-judgments-convention
6. https://lincolnandrowe.com/2024/11/14/hague-convention/#:~:text=The%20convention%20is%20set%20to,’
7. https://www.hcch.net/en/instruments/conventions/full-text/?cid=137
8. https://www.hcch.net/en/instruments/conventions/full-text/?cid=98