UK Joins 2019 Hague Convention: Insights from Simona Peter in CDR Article

As the UK officially joins the 2019 Hague Convention on the enforcement of judgments, the legal landscape is poised for significant changes. 

In a recent discussion with Commercial Dispute Resolution (CDR), Bird & Bird Partner Simona Peter delved into the multifaceted aspects of this Convention, shedding light on its benefits, challenges, and broader implications for international litigation and arbitration.

Key insights include:

• Exploring jurisdiction clauses - The article covered the benefits and challenges of the Convention, focusing on the ability to enforce judgments rendered under a wider range of jurisdiction clauses than previously, in particular asymmetric clauses. However, Simona noted that challenges remain regarding the enforcement of some broadly drafted asymmetric jurisdiction clauses. 
• Impact of enforcement and opt-out mechanisms – Simona discussed the potential impact of the enforcement and opt-out mechanisms, providing critical insights into how these mechanisms can streamline judgment enforcement while addressing the challenges they present.
• Risks associated with public policy grounds to refuse enforcement - A significant concern highlighted was the potential for defendants to exploit broad public policy grounds, such as reliance on AI tools to undermine the principles of fairness and impartiality of the judicial process to delay or avoid enforcement of the Convention. 

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