Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Lord Thomas of Cwmgiedd Excerpts

Friday 24th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, these regulations form part of the implementing framework for the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019. The purpose of the convention is to establish a set of rules about whether a civil or commercial judgment made in a court of one country may be recognised and enforced in another. Without such a uniform scheme, each country’s domestic rules determine whether a foreign judgment will be recognised and enforced. This can cause uncertainty and a range of challenges for effective cross-border recognition and enforcement.

Following unanimous support in response to the government consultation, I signed the Hague convention 2019 on behalf of the United Kingdom in the Hague on 12 January this year. Once in force, the convention will apply between the United Kingdom and the existing parties, which include not only the EU but a range of other countries including Ukraine and Uruguay. The legislation now before the House is instrumental and necessary for the UK to proceed to ratification of the convention, which will proceed in due course once these regulations have been approved. Parallel processes will be in train in Scotland and Northern Ireland.

Joining Hague 2019 will provide greater clarity and confidence for businesses and individuals in their disputes, reduce costs, encourage international trade and enhance access to justice. It will also provide greater predictability as to whether a UK judgment can be enforced abroad, encourage businesses to choose the UK’s world-class courts for international litigation in line with convention provisions and further increase the attractiveness of the UK for international dispute resolution. The convention will come into force for the UK just over a year after ratification, so we will be one of the early adopters of the convention and continue to be a leader in private international law. I beg to move.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I warmly welcome this instrument. It is a singular achievement that we have done this. To an extent, it will remedy the EU’s refusal to allow us to accede to the Lugano Convention. As the Minister said, it is extremely important in making sure that litigants who come to this country know that their judgements will now be much more easily enforceable. I add that the Arbitration Bill which was before this House would have achieved exactly the same objectives. It is extremely important to the international position of London as an arbitration and litigation centre that we keep our law up to date.

I thank all noble Lords—the Minister, in particular, as well as the Whips and the Government Chief Whip, the Leader of His Majesty’s Loyal Opposition and their Chief Whip, and others on their Front-Bench team—and others in the other place for all they did to try to get the Law Commission Bill into the wash-up. A lot of loud noise was made, but it did not succeed.

I want to look forward and say that it is critical that overseas litigants who might choose London to have their disputes arbitrated, whether in contracts now or for the future, realise that this is, I hope, but a temporary hiccup and that we will find the means, with the co-operation of the Government and the Opposition, whichever roles they may be playing, and with the welcome support of those on the Liberal Benches, to go forward without having to go through it all over again. The Bill was agreed. There is one small amendment to be made to clarify something, but I hope we can get it on to the statute book as early as possible. It is a Bill that would help this country make money, and that, I am sure everybody agrees, is an imperative.

I thank the Minister enormously for what he has done while he has been in his position. As a Minister in the Ministry of Justice, he has laboured mightily on many matters, but I thank him in particular for what he has done to ensure that London stays at the forefront in the highly competitive world of dispute resolution in court and in arbitration.

[Lord Hope of Craighead (CB)]

My Lords, I too very much welcome this measure for various reasons, which are set out very well in the Explanatory Memorandum. Some of the features which are set out in it are the care that has been taken to consult at various stages, the response to the consultation, and working together across the various jurisdictions within the United Kingdom to achieve harmony in the way we respond to the challenge that this convention has presented us with. The result is a happy one, and I am very happy to offer my support for this measure.

I join with the noble and learned Lord, Lord Thomas of Cwmgiedd, in his remarks about the Arbitration Bill. For the reasons he has given, it is extremely important that this Bill be brought back at the earliest possible opportunity and with the least possible complication. I know that there are procedures that always have to be gone through for Law Commission Bills, but it was very thoroughly debated at all its stages. It was really ready to go and it is a great disappointment that it has been lost because of the calling of the election. I hope that all those involved can move quickly to bring the Bill back, so that we can get the benefits the noble and learned Lord has identified.

Lastly, I join with him in expressing great appreciation for all that the noble and learned Lord the Minister has done in his position on behalf of the Ministry of Justice. It has been a pleasure to work with him and we wish him well for the future.