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Replacement of the Brussels Recast Regulation

In brief

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 19671(“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).

Key takeaways

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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Vienna Convention on the law of treaties (Dutch version) – Vienna Convention on the law of treaties (English version)

Convention of 30 June 2005 on Choice of Court Agreements


Andy is a partner in the Baker McKenzie Dispute Resolution team based in London. He advises clients on international, commercial and investment treaty arbitration as well as in complex, often multijurisdictional litigation, mediations and expert determinations. He also advises clients on issues pertaining to private and public international law. Andy is recommended in Who's Who Legal: Arbitration 2018 and individually ranked in the field of International Arbitration by Chambers UK, who describe him as "a 'superb' practitioner," and "very commercial" and also recognized by Legal 500, who call him "an arbitration doyen."


Gregorio Ruggeri-Laderchi is an associate in the Amsterdam Dispute Resolution Practice Group.

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