Indirect International Jurisdiction in the Hague Convention on the Recognition and Enforcement of Foreign Judgments of 2019 (Part I)
As a results of the 22nd diplomatic session of the Hague Conference on Private International Law in 2019, the Convention on the Recognition and Enforcement of Foreign Judicial Decisions in Civil and Commercial Matters was signed. Until recently, the absence of a universal international treaty that would enforce the decisions of national courts in foreign countries, negatively affected the attractiveness of state justice as a mechanism for resolving disputes with a foreign element. The adopted Convention is intended to fill this gap. The main aim of the Convention is to create a predictable and effective regime for cross-border circulation of court decisions in civil-law cases. The Convention has the goal to ensure access to justice, is designed to reduce the costs of the parties and the risks associated with the implementation of international trade and investment activities and, as a result, to increase the attractiveness of resolving cross-border disputes by state courts. Despite the fact that a number of categories of cases are excluded from the scope of the Convention (family disputes, insolvency and intellectual property disputes), the instruments of the Convention are universal and fully regulate the procedure for recognition and enforcement of decisions of foreign courts, ensuring their mobility through judicial cooperation. In particular, the document indicates the grounds for both recognition and enforcement of decisions, and grounds for refusing to issue an exequatur. Currently, many countries are considering joining the Convention. Along with Uruguay, Ukraine became the second state to join the Convention. In February 2020, the European Commission a consultation process on accession to the European Union (EU) Convention has been started. As noted, EU accession to the Convention will meet the goals set out in the principles for the next European Commission (2019-2024): in particular, goals related to an economy that works “for the benefit of people”. Among them are expanding access to justice for businesses and EU citizens through a mechanism that facilitates the recognition and enforcement of foreign judgments around the world, where the debtor has assets. The EU actively participated in the negotiation process, and the results of the negotiations reflect its political interests. The article analyzes the provisions of the Convention relating to one of the central issues considered in the case of recognition and enforcement of foreign court decisions - the issue of indirect international jurisdiction. The Convention sets out a list of grounds for jurisdiction, thereby creating an international obligation to recognize and enforce decisions made in accordance with these jurisdictional criteria.