A boost for the UK in international dispute resolution

The UK’s standing as “go to” jurisdiction for resolving international disputes has been given a boost this summer by the coming into force of two important legal instruments: the Hague Judgments Convention of 2 July 2019 (the Convention) and the Arbitration Act 2025 (AA 2025).

The Convention

As previously reported, the Convention establishes an important framework for the recognition and enforcement of civil and commercial judgments across its contracting states, which at present consist of the EU Member States (save for Denmark), Ukraine, and Uruguay. Six additional states (USA, Costa Rica, Israel, Kosovo, North Macedonia, and Russia) have also signed the Convention (although it is yet to enter into force for them), and Albania, Andorra, and Montenegro due to become contracting states during 2026. The Convention’s primary aim is to increase legal certainty, and reduce costs and uncertainties in cross-border dealings so as to encourage international trade, investment and access to justice.

The Convention, which came into force in the UK on 1 July 2025, applies to judgments given in proceedings commenced in contracting states on or after that date. Although initially it was only to apply to England and Wales, earlier this year the UK deposited a declaration confirming that its effect now extends also to Scotland and Northern Ireland.

The Convention goes some way towards addressing the post-Brexit enforcement lacuna between the UK and EU Member States, particularly for matters involving non-exclusive or asymmetric jurisdiction clauses. It means that, provided the Convention’s conditions are met, and the subject matter of the judgment to be enforced does not fall within a fairly limited list of exclusions, a final court judgment of one contracting state can be recognised and enforced in another without reviewing the merits of the case, unless it is manifestly incompatible with the enforcing state’s public policy.

The AA 2025

Hot on the heels of the Convention was the AA 2025, which came into force exactly one month later on 1 August 2025. As reported earlier this year, the AA 2005, which amends and updates the longstanding and well-regarded Arbitration Act 1996, is intended to bolster business confidence in arbitrations conducted in England, so that London remains amongst the world’s most favoured arbitral venues.

Among the AA 2025’s key advancements are that it provides important clarity on which laws will apply to an agreement to arbitrate absent an express choice; it provides greater arbitrator immunity against liability for their resignation or the costs of their removal; it limits the circumstances in which a party can challenge an arbitrator’s jurisdiction in the courts; it empowers arbitrators (provided the parties have not agreed otherwise) to issue summary awards where it is determined that a claim or defence has no real prospect of success; it confirms that the courts have the power to make orders against third parties in support of arbitrations (for example, to preserve and produce evidence); and it recognises the practice of appointing emergency arbitrators to deal with matters on an interim basis, enabling the courts to enforce orders made by emergency arbitrators. It is expected that a number of these reforms will reduce the risk of satellite litigation, as they address key procedural and jurisdictional issues which have historically given rise to such disputes.

The AA 2025’s provisions apply to arbitrations, and arbitration related court proceedings, commenced on or after 1 August 2025.

How we can help

For further help and advice on resolving disputes through arbitration contact our arbitration team who will be able to provide the necessary advice and assistance.