The 2019 Hague Judgments Convention

Declared a 'game-changer' by the Hague Conference Secretary General, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has introduced international obligations of unprecedented sweep and power. Now, this authoritative treatise provides the diplomatic background and the historical context for the Convention, discussing the law on judgments recognition in the absence of the Convention's ratification. After recounting the twenty-seven-year history of the negotiations leading to the Convention's conclusion, it offers an article-by-article discussion of each provision. It also considers paths not taken, advancing possible solutions to address future pressures and developments. Authored by experts directly involved in the Convention's drafting, this volume is designed to be an indispensable source for lawyers, judges, and legislators in the adoption, implementation, and use of the 2019 Hague Judgments Convention. Readers will be left with a clearer understanding of the purpose behind each provision, any differences that might have led to compromise in the Convention's language, and the positions stated by national delegations during the negotiations.

1 - A Basic Introduction to the 2019 Convention: Structure, Core, Context, and Choices
2 - Judgments Recognition in the Absence of the Judgments Convention
3 - The History of the Negotiations
4 - Interpretation: Approaches and Methods
5 - Scope and Definitions (Articles 1- 3)
6 - The Basic Recognition and Enforcement Obligation and Criteria for Eligibility (Articles 4- 6)
7 - Additional Provisions Relating to the Recognition and Enforcement Obligation (Articles 7- 15)
8 - General Clauses (Articles 16- 23)
9 - Final Clauses (Articles 24- 32)
10 - The Place of the Convention in Current Practice in the United States
11 - Final Comments and Thoughts About the Future

Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor of Law and the founding Director of the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law. He teaches courses in international business transactions, international arbitration and litigation, and matters of private international law. Brand was a member of the U.S. Delegation to Special Commissions and the Diplomatic Sessions of the Hague Conference on Private International Law that adopted the 2005 Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, and now is a U.S. representative to the Working Group considering a Convention on Parallel Proceedings. Michael S. Coffee is a trial attorney in the Office of Foreign Litigation at the U.S. Department of Justice. He has served as an attorney for multiple federal agencies, including the U.S. Arms Control and Disarmament Agency and the U.S. Department of State. Coffee headed the U.S. delegation to Special Commissions and the Diplomatic Session of the Hague Conference on Private International Law that adopted the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. He also serves as a professorial lecturer of law at the George Washington University Law School. Any views expressed in this volume are the author's views and not necessarily those of the aforementioned institutions. Paul Herrup is an attorney with the Office of Foreign Litigation of the United States Department of Justice. He served as a member of the U.S. Delegation to Special Commissions and the Diplomatic Sessions of the Hague Conference on Private International Law that adopted the 2005 Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Herrup has extensive experience in transnational litigation and treaty negotiation.