février 19 2024

Hague 2019: Extending the Lifespan of Asymmetric Jurisdiction Clauses?


At A Glance

In this article Sarah Garvey seeks to assess the potential opportunities and risks for finance parties on the UK's accession to Hague 2019 and whether finance parties are likely to adapt their approach to drafting dispute resolution clauses as a result. The article also provides a high-level overview of key features of Hague 2019 and highlights areas for future dispute and debate.


  • The UK government has signed a new multilateral enforcement treaty the Hague 2019 Judgments Convention which will facilitate the cross-border enforcement of a wide range of judgments in civil and commercial matters between Contracting States.
  • Hague 2019 covers the enforcement of judgments issued pursuant to non-exclusive (including asymmetric) jurisdiction clauses commonly used in finance documents.
  • Hague 2019 is intended to complement the Hague 2005 Convention of Choice of Court Agreements which covers the enforcement of judgments issued pursuant to exclusive jurisdiction clauses.
  • The UK's ratification of Hague 2019 should provide greater certainty to finance parties that, post-Brexit, their English judgments will be enforceable across the EU and, more widely, this development may provide a helpful tool in the promotion of cross border trade. Inevitably, as a new and untested instrument, technical issues may arise in its application.

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