Supplementary Protocol To The Hague Convention On The Recognition And Enforcement Of Foreign Judgments In Civil And Commercial Matters

(Concluded February 1st, 1971)

The States signatory to the present Protocol,

In the knowledge that certain grounds of jurisdiction, which are not included in Articles 10 and 11 of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, can only exceptionally justify the international recognition and enforcement of judgments,

Convinced that the principles upon which this Protocol is founded shall prevail both in Supplementary Agreements which will be concluded under Article 21 of the said Convention and in other Conventions to be concluded in the future,

Have resolved to conclude a Protocol to this end, and agreed on the following provisions:

(1) This Protocol shall apply to all foreign decisions, regardless of their State of origin, rendered in matters to which the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters extends, and directed against a person having his domicile or habitual residence in a Contracting State.

(2) Recognition and enforcement of a decision to which Article 1 applies shall in a Contracting State be refused at the request of the person against whom recognition or enforcement is sought, where the decision was based, and in the circumstances could have been based, only on one or more of the grounds of jurisdiction specified in Article 4.

Recognition and enforcement need not, however, be refused where the jurisdiction of the court of the State of origin could in the circumstances also have been based upon another ground of jurisdiction which, as between the State of origin and the State of recognition, is sufficient to justify recognition and enforcement.

(3) Contracting States for the purposes of Articles 1 and 2 are States which are Parties to the Convention, and are linked by a Supplementary Agreement in accordance with Article 21 thereof.

(4) The grounds of jurisdiction referred to in the first paragraph of Article 2 are the following –

a) the presence in the territory of the State of origin of property belonging to the defendant, or the seizure by the plaintiff of property situated there, unless –

– the action is brought to assert proprietary or possessory rights in that property, or arises from another issue relating to such property,

– the property constitutes the security for a debt which is the subject-matter of the action;

b) the nationality of the plaintiff;

c) the domicile, habitual residence or ordinary residence of the plaintiff within the territory of the State of origin unless the assumption of jurisdiction on such a ground is permitted by way of an exception made on account of the particular subject-matter of a class of contracts;

d) the fact that the defendant carried on business within the territory of the State of origin, unless the action arises from that business;

e) service of a writ upon the defendant within the territory of the State of origin during his temporary presence there;

f) a unilateral specification of the forum by the plaintiff, particularly in an invoice.

(5) A legal person shall be considered to have its domicile or habitual residence where it has its seat, its place of incorporation, or its principal place of business.

(6) This Protocol shall not prevail over present or future Conventions which, in relation to special fields, provide for any of the grounds of jurisdiction specified in Article 4.

(7) This Protocol applies subject to the provisions of existing Conventions relating to the recognition and enforcement of foreign judgments.

(8) In Supplementary Agreements concluded in accordance with Article 21 of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, States Parties to those Agreements will not regard a court as possessing jurisdiction when it has proceeded on one or more of the grounds of jurisdiction specified in Article 4, unless it is necessary to do so to prevent a denial of justice to a litigant.

(9) The present Protocol shall be open for signature by every State which has signed the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.

It may be signed and ratified by every State which is a Party to the Convention, and the instrument of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands which shall give all necessary notifications.

It shall enter into force on the sixtieth day after the deposit of the second instrument of ratification.

For every State which ratifies it subsequently it shall enter into force on the sixtieth day after the deposit of the instrument of ratification.

A denunciation of the Convention entails the denunciation of the Protocol.

In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.

Done at The Hague, on the first day of February, 1971, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands and of which a certified copy shall be sent, through the diplomatic channel, to each of the States represented at the Tenth Session of the Hague Conference on Private International Law, and to Cyprus, Iceland and Malta.

 

The Hague Conventions

  1. Statute of the Hague Conference on Private International Law
  2. Convention On Civil Procedure
  3. Convention on the Law Applicable to International Sales of Goods
  4. Convention On The Law Governing Transfer Of Title In International Sales Of Goods
  5. Convention On The Jurisdiction Of The Selected Forum In The Case Of International Sales Of Goods
  6. Convention Relating To The Settlement Of The Conflicts Between The Law Of Nationality And The Law Of Domicile
  7. Convention Concerning the Recognition of the Legal Personality of Foreign Companies, Associations and Institutions
  8. Convention On The Law Applicable To Maintenance Obligations Towards Children
  9. Convention Concerning The Recognition And Enforcement Of Decisions Relating To Maintenance Obligations Towards Children
  10. Convention Concerning The Powers Of Authorities And The Law Applicable In Respect Of The Protection Of Infants
  11. Convention On The Conflicts Of Laws Relating To The Form Of Testamentary Dispositions
  12. Convention Abolishing the Requirement of Legalisation for Foreign Public Documents
  13. Convention On Jurisdiction, Applicable Law And Recognition Of Decrees Relating To Adoptions
  14. Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
  15. Convention On The Choice Of Court
  16. Convention On The Recognition And Enforcement Of Foreign Judgments In Civil And Commercial Matters
  17. Supplementary Protocol To The Hague Convention On The Recognition And Enforcement Of Foreign Judgments In Civil And Commercial Matters
  18. Convention On The Recognition Of Divorces And Legal Separations
  19. Convention On The Law Applicable To Traffic Accidents
  20. Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
  21. Convention Concerning The International Administration Of The Estates Of Deceased Persons
  22. Convention On The Law Applicable To Products Liability
  23. Convention On The Recognition And Enforcement Of Decisions Relating To Maintenance Obligations
  24. Convention On The Law Applicable To Maintenance Obligations
  25. Convention On The Law Applicable To Matrimonial Property Regimes
  26. Convention On Celebration And Recognition Of The Validity Of Marriage
  27. Convention On The Law Applicable To Agency
  28. Convention on the Civil Aspects of International Child Abduction
  29. Convention On International Access To Justice
  30. Convention on the Law Applicable to Trusts and on Their Recognition
  31. Convention on the Law Applicable to Contracts for the International Sale of Goods
  32. Convention On The Law Applicable To Succession To The Estates Of Deceased Persons
  33. Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
  34. Convention On Jurisdiction, Applicable Law, Recognition, Enforcement And Co-operation In Respect Of Parental Responsibility And Measures For The Protection Of Children
  35. Convention On The International Protection Of Adults
  36. Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary
  37. Convention on Choice of Court Agreements
  38. Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
  39. Protocol on the Law Applicable to Maintenance Obligations