HCCH | The Judgments Project

22^nd Diplomatic Session

About the Judgments Project
The "Judgments Project" refers to the work undertaken by the Hague Conference since 1992 on two key aspects of private international law in cross-border litigation in civil and commercial matters: the international jurisdiction of courts and the recognition and enforcement of their judgments abroad.
Initially, the Judgments Project focussed on developing a broad convention, which was subsequently scaled down to focus on international cases involving choice of court agreements. This led to the conclusion of the Hague Convention of 30 June 2005 on Choice of Court Agreements ("Choice of Court Convention"). For more information on the Choice of Court Convention, see the Choice of Court Homepage.

Overview of the Judgments Project

Mandate
In 2011, the Council on General Affairs and Policy agreed that an Experts' Group should be established to assess the possible merits of resuming the Judgments Project.

In 2012, the Council agreed that work on the Judgments Project should proceed. The Council established a Working Group to prepare proposals on the recognition and enforcement of judgments, including jurisdictional filters, and requested the Experts' Group to further study and discuss the desirability and feasibility of making provisions in relation to jurisdiction.
In each of the years 2013-2015 (inclusive), the Council noted the useful progress made by the Working Group and invited the Working Group to continue its work.

In 2016, the Council on General Affairs and Policy welcomed the completion by the Working Group on the Judgments Project of a Proposed Draft Text, and decided to set up a Special Commission to prepare a draft Convention. The Council also endorsed the recommendation of the Working Group that matters relating to direct jurisdiction (including exorbitant grounds and lis pendens / declining jurisdiction) should be put for consideration to the Experts’ Group of the Judgments Project soon after the Special Commission has drawn up a draft Convention. The first meeting of the Special Commission took place from 1 to 9 June 2016 and produced the 2016 preliminary draft Convention.

In 2017, the Second Meeting of the Special Commission took place from 16 to 24 February 2017 and produced the February 2017 draft Convention. In March 2017, the Council on General Affairs and Policy welcomed the very good progress made on this Project, which was confirmed as a priority for the Organisation, and decided that a third meeting of the Special Commission be held. The Council endorsed the recommendation of the Special Commission that, in preparation for the next meeting, further intersessional work on certain issues was necessary.

The Third Meeting of the Special Commission took place from 13 to 17 November 2017 and produced the November 2017 draft Convention. The Special Commission will recommend to the Council at its March 2018 meeting that it have a further meeting in mid-2018, and that a Diplomatic Session be convened in mid-2019.

In 2018, the Council on General Affairs and Policy welcomed the very good progress of this Project and mandated the Permanent bureau to continue preparations for a Fourth and final Meeting of the Special Commission in May 2018. The Permanent Bureau was also mandated to make arrangements for the preparation of a Diplomatic Session in mid-2019 and for a further meeting of the Experts’ Group addressing matters relating to direct jurisdiction, shortly after the conclusion of the Diplomatic Session.

The Fourth and final Meeting of the Special Commission took place from 24 to 29 May 2018 and produced the 2018 draft Convention. The Special Commission considered that it has completed the mandate conferred on it by the Council and that, as contemplated by the Council, work on the draft Convention has reached the point where a Diplomatic Session can be convened in mid-2019.

Chronology of the Judgments Project (including relevant documentation)