The Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement: Comparison and Prospects for Implementation

Abstract

The year 2019 saw the arrival of the Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement, which is not a coincidence. Both instruments mark a historical culmination and constitute a milestone, at the global level and the at the level of territorial units within a country respectively. With novelties created to avoid the failures shadowing the past Hague Judgments Project, the 2019 Convention reflects the global trend and maximizes the common grounds countries could agree to, though it still falls short of some longstanding expectations. Similarly, the 2019 Arrangement advances judgment circulation between territorial units within China despite that room for further collaboration is still large. In significant respects, the 2019 Arrangement is heavily modelled on the 2019 Convention, while the Arrangement also addresses special concerns of the two regions. Undeniably, it may be another success for the Convention to be able to influence judgments recognition instruments targeting territorial units within a country and show its model effect. Recent years have witnessed Mainland China’s efforts to promote transboundary movement of judgments and its contribution to the arrival of both the 2019 Convention and Arrangement. As an important global player with increasing ambition of claiming more international presence, China will welcome both instruments and the instruments are expected to fare well as desired.