Continuation of the Judgments Project (2010-2015)
The Permanent Bureau reports on ongoing work in the area of international litigation, including the Working Group’s recommendation to the Council that its Proposed Draft Text of a future Convention on the recognition and enforcement of foreign judgments be submitted for consideration to a Special Commission.
"Ongoing work in the area of judgments" (Prel. Doc. No 7B of January 2016)
The Working Group on the Judgments Project met from 26 to 31 October 2015 for the fifth time (in The Hague).
The Working Group completed its work towards the preparation of draft provisions for inclusion in the future convention on the recognition and enforcement of judgments and prepared a Proposed Draft Text recommending to Council that it be submitted for consideration to a Special Commission.
Report of the fifth meeting of the Working Group on the Judgments Project and proposed draft text resulting from the meeting (Prel. Doc. No 7A of November 2015)
The Council on General Affairs and Policy of the Conference invited the Working Group to continue its work as proposed in the Report of the Meeting of the Working Group of February 2015.
The Permanent Bureau will present the Report of the Working Group to the Council in 2016.
Conclusions & Recommendations adopted by the Council (see para. 4)
The Working Group on the Judgments Project met from 3 to 6 February 2015 for the fourth time (in The Hague) to continue its work towards the preparation of draft provisions for inclusion in the future convention on the recognition and enforcement of judgments.
Report of the fourth meeting of the Working Group on the Judgments Project and preliminary draft text resulting from the meeting (Prel. Doc. No 7B of February 2015)
The Permanent Bureau reports on ongoing work in the area of international litigation, the progress made in its work towards the preparation of draft provisions for inclusion in the future convention on the recognition and enforcement of judgments
Ongoing work on Judgments – Choice of Court Convention and the Judgments Project (Prel. Doc. No 7A of January 2015)
The Working Group on the Judgments Project meets from 7 to 10 October 2014 for the third time (in Hong Kong) to continue its work towards the preparation of draft provisions for inclusion in a possible future instrument.
Report of the Working Group
Council on General Affairs and Policy stresses the importance of this project and welcomes the significant progress made by the Working Group.
The Council invites the Working Group to continue its work as scheduled, including a suggested plan for further steps to be taken towards the development of a Convention.
Conclusions and Recommendations adopted by the Council (see paragraph 6)
The Working Group on the Judgments Project meets from 24 to 28 February 2014 for the second time to continue its work towards the preparation of draft provisions for inclusion in a possible future instrument.
Report of the Working Group
The Permanent Bureau circulates a Process Paper to Members on possible ways to further organise and sequence work on the Judgments Project.
The paper recalls the respective mandates of the Working Group and Experts' Group as conferred by Council, summarises the views so far expressed by Members on how the mandates should be carried out, and suggests a possible path forward.
Process Paper on the Continuation of the Judgments Project
Council on General Affairs and Policy takes note of the reports of the Working Group and Experts’ Group and the useful progress that was made in those discussions.
The Council also notes that consultations are ongoing with a view to the groups reconvening in October 2013.
Conclusions and Recommendations adopted by the Council (see paragraph 8)
The Experts' Group meets for the second time immediately after the Working Group to consider the desirability and feasibility of making provisions in relation to matters of jurisdiction (including parallel proceedings).
Meeting from 21-23 February 2013, the Experts' Group finds that it is not yet in a position to make recommendations to Council. Like the Working Group, the Experts' Group agrees to suspend its meeting for the purpose of reaching a more informed assessment of the issues involved.
Report of the Experts' Group meeting (Prel. Doc. No 3 of March 2013, Annex 2)
"Issues Paper on Matters of Jurisdiction (including Parallel Proceedings)" (Note No 2, drawn up by the Permanent Bureau)
The Working Group meets for the first time from 18-20 February 2013 to prepare proposals in relation to provisions for inclusion in a future instrument relating to recognition and enforcement of judgments.
The Working Group discusses a range of issues, including the substantive scope of the future instrument, the categories of judgment to be included, the recognition and enforcement process, and the content of jurisdictional filters.
The Working Group agrees to suspend its meeting for the purpose of reaching a more informed assessment of the issues involved.
Report of the Working Group meeting (Prel. Doc. No 3 of March 2013, Annex 1)
"Annotated Checklist of Issues to be Discussed by the Working Group on Recognition and Enforcement of Judgments" (Note No 1) (drawn up by the Permanent Bureau
- Annex I: glossary
- Annex II: cross-reference table (table of provisions)
Council on General Affairs and Policy agrees to proceed with work towards a future instrument on cross-border litigation.
At its meeting from 17-20 April, the Council on General Affairs welcomes the conclusions and recommendations of the expert group and decides for future steps to be undertaken by the Hague Conference in line with the working method proposed by the expert group.
Conclusions and Recommendations adopted by the Council (see paragraphs 16-19)
Expert group concludes that further work on cross-border litigation is desirable, provided that it meets real, practical needs which are not met by existing instruments and institutional frameworks.
At its meeting from 12-14 April, the expert group recommends that work be undertaken towards a future binding instrument making provision for the recognition and enforcement of judgments, including jurisdictional filters. In addition, a further meeting of the expert group will be convened to consider matters of direct jurisdiction (including parallel proceedings).
"Conclusions and Recommendations of the Expert Group on Possible Future Work on Cross-border Litigation in Civil and Commercial Matters" (Work. Doc. No 2 of April 2012)
"Background Note" (drawn up by the Permanent Bureau)
Permanent Bureau reports on ongoing work in the area of international litigation, including the steps taken towards convening an expert group to explore the background of the Judgments Project and recent developments.
"Ongoing work on international litigation and possible continuation of the Judgments Project" (Prel. Doc. No 5 of March 2012)
Council on General Affairs and Policy agrees to consider further work on Judgments Project
At its meeting from 5-7 April, the Council on General Affairs stresses that any future work in this area should not interfere with the ongoing efforts to promote the entry into force of the Choice of Court Convention. Nevertheless, the Council concludes that "a small expert group should be set up to explore the background of the Judgments Project and recent developments with the aim to assess the possible merits of resuming the Judgments Project". The Council asks the Permanent Bureau to report back in 2012 on progress.
Conclusions and Recommendations adopted by the Council (see paragraph 15)
Permanent Bureau invites the Council on General Affairs and Policy to reconsider further work on the Judgments Project
In a report to the Council on General Affairs on activities undertaken to promote the Choice of Court Convention, the Permanent Bureau suggests that the Council may wish to reconsider convening a group of experts to examine current developments in the area of international litigation and the feasibility of a new global instrument.
"Review of the Activities of the Conference in regard to the Convention on Choice of Court Agreements" (Prel. Doc. No 12 of March 2011)
Council on General Affairs and Policy decides to postpone further consideration of the Judgments Project until after entry into force of Choice of Court Convention
At its meeting from 7-9 April, the Council notes the suggestions made by the Permanent Bureau and recalls the valuable work that has been done in the course of the Judgments Project.
The Council concludes that "such exploratory work, including the appointment of an expert group, will be further considered only following the entry into force of the 2005 Choice of Court Convention".
Conclusions and Recommendations adopted by the Council (extract only)
Permanent Bureau invites the Council on General Affairs and Policy to consider continuing the Judgments Project
Three options for future work are presented for consideration:
- continuing with a convention dealing both with primary grounds of jurisdiction and recognition and enforcement of judgments;
- continuing with a convention on recognition and enforcement of judgments (i.e. without direct grounds of jurisdiction); and
- continuing with a model agreement.
The Permanent Bureau proposes as a first step convening a group of experts to advise on the areas where it might be feasible to resume work on judgments, and where consensus might be possible.
"Continuation of the Judgments Project" (Prel. Doc. No 14 of February 2010)