Recognition & Enforcement of Foreign Judgments
A judgment from one country is a claim in another.
Recognising and enforcing foreign court judgments against a debtor’s assets — and defending recognition proceedings on the limited grounds the law allows — with local counsel wherever the courts of another jurisdiction are involved.
A foreign judgment,
enforced where the assets are.
ME Law acts for judgment creditors seeking to recognise and enforce foreign court judgments against a debtor’s assets, and for defendants resisting recognition on the grounds the law allows. We identify the route available in each country where the debtor holds assets, prepare the case for recognition, and coordinate the proceedings with local counsel, who appear before the courts there.
A judgment has no force beyond its own country’s borders until another country’s courts give it effect. Whether and how they will depends on the treaties between the two countries, on statutes for registering foreign judgments or on the common law — and on whether, in the enforcing court’s eyes, the foreign court had jurisdiction. Getting the route right at the start decides what the debtor can argue, how long it takes and what it costs.
- Treaty, statutory and common-law routes
- The jurisdiction of the foreign court
- Fraud, natural justice and public policy defences
- Limitation periods in each enforcing country
A judgment from one country is only a claim in another. Recognition is what makes it a judgment again.
Recognition is
leverage,
not a formality.
Recognition can compel disclosure, disrupt a debtor’s financing and trigger defaults elsewhere — often the act of recognition, not execution, brings a debtor to the table. We choose where to seek it accordingly.
What it decides, and how final it is
Whether the judgment is final and conclusive where it was given, whether it is for a sum of money, whether an appeal is pending, and what else it orders — non-money relief is enforceable in fewer countries.
Treaty, statute or common law
The enforcing country decides: the Hague Judgments Convention or another treaty, a regional regime, a registration statute for judgments of reciprocating countries, or an action on the judgment.
Did the foreign court have it?
Most enforcing courts ask whether, on their own rules, the foreign court was entitled to decide — the defendant’s presence or residence, its submission, a jurisdiction agreement or, in some systems, a sufficient connection with the dispute.
What the debtor can argue
Fraud, a breach of natural justice or due process, public policy, an irreconcilable judgment — usually narrow, but they must be answered on evidence, not assumed away.
From recognition to recovery
Once recognised, the judgment is enforced like a local one — with freezing relief in place first where the assets are at risk of moving.
Foreign judgments,
by route to recognition.
The route depends on the country that gave the judgment and the country where it is enforced. Select a category to see the typical matters and the related services.
Hague Convention Judgments
Recognition under the HCCH 2019 Judgments Convention between its Contracting Parties, and under the HCCH 2005 Choice of Court Agreements Convention for judgments given by a court chosen in an exclusive choice-of-court agreement.
- 2019 Judgments Convention
- 2005 Choice of Court Convention
- Grounds for refusal
- Transitional rules
Registration of Judgments
Registration schemes under which a money judgment from a reciprocating country is registered and then enforced as a local judgment — often within strict time limits, and subject to applications to set the registration aside.
- Reciprocal enforcement statutes
- Registration applications
- Setting aside registration
- Time limits for registration
Actions on a Foreign Judgment
Where no treaty or statute applies, common-law courts generally allow a final and conclusive foreign money judgment to be sued on as a debt — the defendant cannot re-argue the merits, only the recognised defences — often resolved by summary judgment.
- Final and conclusive judgments
- Jurisdiction by presence or submission
- Summary judgment on the debt
- Non-money judgments
Exequatur & Reciprocity Systems
Exequatur and recognition proceedings in civil-law countries, where a court declares the foreign judgment enforceable after checking jurisdiction, due process and public policy — and, in some countries, reciprocity — conducted by local counsel.
- Exequatur applications
- Reciprocity requirements
- Translations and authentication
- Apostille certificates
Defending Recognition
Testing whether the foreign court had jurisdiction, whether the defendant had proper notice and a fair hearing, whether the judgment was obtained by fraud or offends public policy — and seeking security or a stay while an appeal is pending abroad.
- Jurisdictional objections
- Natural justice and due process
- Fraud and public policy
- Stays pending appeal
Execution After Recognition
Execution against the debtor’s assets once the judgment is recognised — orders against bank accounts and debts, charging orders, seizure and sale, receivers — with freezing relief in place where the assets are at risk.
- Orders against bank accounts and debts
- Charging orders
- Receivers
- Freezing relief pending recognition
How foreign judgments
are recognised.
No judgment travels on its own
A judgment is an act of one State’s courts and takes effect within that State. To be enforced elsewhere it must be recognised by the courts of the country where enforcement is sought, under that country’s law. There is no worldwide treaty for court judgments comparable to the New York Convention for arbitral awards — which is why the route, and sometimes the possibility of enforcement at all, depends on the two countries involved.
The routes
- Conventions and regional regimes. The HCCH 2019 Judgments Convention provides for the recognition and enforcement of civil and commercial judgments between its Contracting Parties — among them the European Union (except Denmark), Ukraine, Uruguay and, since 1 July 2025, the United Kingdom — where the proceedings were instituted when the Convention already had effect between the two States. The HCCH 2005 Choice of Court Agreements Convention covers judgments given by a court designated in an exclusive choice-of-court agreement. Within the European Union, judgments circulate under the Brussels I Recast Regulation, and the Lugano Convention extends similar rules to Iceland, Norway and Switzerland.
- Registration statutes. Many countries allow money judgments from countries with which they have reciprocal arrangements to be registered and then enforced as local judgments.
- The common law. In common-law jurisdictions, a final and conclusive judgment for a definite sum can usually be enforced by an action on the judgment, provided the foreign court had jurisdiction according to the enforcing court’s rules.
- Exequatur and reciprocity. Civil-law systems generally require an exequatur — a court declaration that the foreign judgment is enforceable — and some still require reciprocity between the two countries.
The jurisdiction of the foreign court
The question an enforcing court asks most often is whether the foreign court was entitled to decide the case. At common law in England and Wales, for example, a foreign money judgment is enforceable against a defendant who was present in the foreign country when the proceedings began or who submitted to its courts, including by agreement. Other systems accept a real and substantial connection between the dispute and the foreign court, or apply the jurisdictional filters set out in the treaty that governs.
The defences
The defences are narrow and do not allow the merits to be re-argued. The usual grounds are fraud; a breach of natural justice or due process, such as lack of notice or of an opportunity to be heard; conflict with the enforcing country’s public policy; and an irreconcilable judgment between the same parties. Many countries also refuse to enforce foreign penalties and taxes, and some refuse multiple damages: in the United Kingdom, the Protection of Trading Interests Act 1980 bars the enforcement of judgments for multiple damages.
Time limits
Limitation periods depend on the enforcing country and on the route:
- England and Wales — registration within twelve months of the judgment under the Administration of Justice Act 1920 (the court may allow longer) and within six years under the Foreign Judgments (Reciprocal Enforcement) Act 1933; an action on the judgment at common law, generally within six years.
- United States — in states that have adopted the 2005 Uniform Foreign-Country Money Judgments Recognition Act, an action to recognise a judgment must be brought within the shorter of the period during which it remains effective where it was given and fifteen years from when it became effective there.
- China — an application to recognise and enforce a foreign judgment must generally be made within two years.
After recognition
Recognition gives the foreign judgment the effect of a local one. Recovery then depends on local execution — see cross-border asset recovery — and, for judgments involving particular countries, on our pages on disputes with US, UK and Chinese parties.
On both sides
of a foreign judgment.
We act for creditors enforcing foreign judgments and for defendants facing them — which tells us which arguments move an enforcing court.
Judgment Creditors
Companies and individuals holding foreign judgments the debtor has not paid.
Lenders & Financial Institutions
Judgments on loans, guarantees and security, enforced where the borrower’s assets are.
Investors & Funds
Judgments arising from investment and shareholder disputes abroad.
Defendants Facing Recognition
Resisting foreign judgments on the grounds the law allows.
General Counsel & In-House Teams
Enforcement planning before and after judgment, alongside internal teams.
The route decides what the debtor can argue. Choose it before the first filing.
Enforce a foreign judgment —
or resist one.
If you hold a judgment that has not been paid, or face enforcement of one, speak with senior counsel about the routes available in each country where the assets are.
Consultations are held in person or by video, wherever you are. Describe the matter briefly — no confidential details are needed until a conflict check is complete.