Convention of 1 February 1971 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 Convention applies to decisions rendered in civil or commercial matters by the courts of the Member States. These decisions are entitled to recognition and enforcement if a court considered to have jurisdiction within the meaning of this Convention gave the decision, and if it is no longer subject to ordinary forms of review in the State of origin. The recognition and enforcement may be refused, if the recognition is manifestly incompatible with the public policy of the State addressed, if the decision resulted from proceedings incompatible with the requirements of due process of law, if the decision was obtained by procedural fraud or if proceedings are still pending. The Convention provides for the cases in which the courts of the State of origin are considered to have jurisdiction and it regulated the recognition and enforcement procedures as well as concurrent actions and supplementary agreements.
Why is it relevant?
The Convention establishes common provisions on mutual recognition and enforcement of judicial decisions rendered in their respective countries.
This Convention had a very limited impact. In 2003, 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 established a working group on a future “Judgements Convention”.
- Supplementary Protocol to the 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)