Supplementary Protocol of 1 February 1971 to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters
- Type: Convention
- Date of signature: 01/02/1971
- Place of signature: The Hague, The Netherlands
- Depositary: Government of The Netherlands
- Date of entry into force: 20/08/1979
What is it about?
The 1971 Hague Convention on the Recognition and Enforcement of Foreign Judgements in Civil and Commercial Matters determines when the courts of the State of origin are considered to have jurisdiction within the purpose of that Convention. The Member States to the present Protocol recognized that certain grounds of jurisdiction not included in the provisions of the Convention, exceptionally justify the international recognition and enforcement of judgements. These grounds are based on the presence in the territory of the State of origin of property belonging to the defendant, on the nationality or domicile of the plaintiff, the fact that the defendant carried on business within the territory of the State of origin, service of a writ upon the defendant or the unilateral specification of the forum by the plaintiff, particularly in an invoice. The Protocol applies to all foreign decisions rendered within the scope of the 1971 Convention, regardless of their State of origin and directed against a person having his domicile or habitual residence in a Member State.
Why is it relevant?
By extending the scope of the 1971 Convention, the present Protocol promotes the recognition and enforcement of foreign judgments and therefore facilitates international trade.
The 1971 Convention had a very limited impact. The Nineteenth Hague Conference reconfirmed the great importance of harmonising the rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters on a worldwide basis and in 2002 established a working group on a future “Judgements Convention”.
- Hague Convention on the Recognition and Enforcement of Foreign Judgements in Civil and Commercial Matters (The Hague, 01 February 1971)
- Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague, 5 October 1961)