Jurisdiction(s):
United Kingdom and Ireland

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...

Recognition and enforcement of judgments and judicial settlements under the 2005 Hague Choice of Court Convention: procedures, documents, refusal grounds, severability, non-monetary remedies, damages and preliminary questions

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and Enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention.

Does the Convention apply?—transitional provisions

Article 16 of the convention is central when deciding whether the convention governs a matter involving a newly acceding contracting state. For general guidance, see Practice Note: Hague Convention on Choice of Court Agreements—application by contracting states—Application of the convention (Article 16). This article is likewise pertinent to the impact of the UK leaving the EU and becoming a contracting state of the convention in its...

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Cara North

Corrs Chambers Westgarth

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 22/05/2026

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