Replacement of the Brussels Recast Regulation
The mutual recognition and enforcement of judgments in civil and commercial matters between the UK and the Netherlands used to be governed by the Brussels Recast Regulation. Today, post-Brexit, it is not an easy task to determine which rules apply. The key issue is whether the Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters dated 17 November 196711 (“1967 Convention“) revived. Nonetheless, a notable exception to the current uncertainty exists with respect to judgments that fall within the scope of the Hague Convention on Choice of Court Agreements dated 30 June 20052 (HCCA).
Exclusive choice of court agreements enable parties to rely on the HCCA for recognition and enforcement of their judgments in Contracting States (such as the UK and the Netherlands).
In cases where the HCCA does not apply, the situation remains unclear because of the uncertainty regarding the status of the 1967 Convention. If the 1967 Convention did not revive, parties would have to rely on national laws. Recognition and enforcement under national laws may seem cumbersome at first, but will generally be straightforward, and will generally not require a review of the merits of the case.
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