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Key definition
Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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2005 Hague Choice of Court Convention: application, Article 16 timing, and UK–EU divergence on entry into force and enforcement

Practice notes
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This Practice Note reviews the application of the Hague Convention on Choice of Court Agreements by contracting states to the convention. It sets out the parties to the convention, as well as those states that have signed the convention but have not yet ratified it. It also outlines how the convention operates for contracting states. For guidance on further elements of the convention, see the following Practice Notes:

  • Hague Convention on Choice of Court Agreements (jurisdiction and Enforcement)—Brexit considerations
  • Hague Convention on Choice of Court Agreements—scope
  • Hague Convention on Choice of Court Agreements—jurisdiction
  • Hague Convention on Choice of Court Agreements—enforcement

Definitions

This Practice Note uses a number of definitions:

  • Hague Convention on Choice of Court Agreements—HCCH Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague
  • EU(W)A 2018—European Union (Withdrawal) Act 2018
  • EU(WA)A 2020—European Union (Withdrawal agreement) Act 2020
  • Exit day—is defined in EU(W)A 2018, s 20
  • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term. The EU’s preferred expression for this period is the ‘transition period’. The two terms are used interchangeably in this Practice Note according to the underlying reference...
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Cara North
Cara North

Cara has over a decade’s worth of experience acting for clients on large and complex multi-jurisdictional disputes, specialising in domestic and international commercial litigation, arbitration and investor-state dispute resolution. Her expertise includes arbitrating under the rules of various arbitral institutions and acting for clients in complex and high profile litigation in the UK, the US, Guernsey, the Cayman Islands, Hong Kong and Malaysia, primarily in the areas of construction projects, large corporate collapses and fraud. Cara also has specific expertise in private international law, having worked as a consultant for the Hague Conference on Private International Law for five years and, prior to that, as a legal officer to the Hague Conference. Cara has practiced in specialist disputes firms in London and Geneva, working on several international investment and commercial arbitrations under the UNCITRAL Rules, the Swiss Rules for...

Web page updated on 21/05/2026

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