HCCH - Informe anual 2019

H C C H Annual Report 2019 Hague Conference on Private International Law | Conférence de La Haye de droit international privéAnnual Report 2019Annual Report 2019 Foreword I begin my Foreword to the 2019 Annual Report by looking back at the previous edition, the Special Edition 125, which commemorated the HCCH’s celebrations on the occasion of the Organisation’s 125th Anniversary. It also recounted the HCCH’s origins and the many achievements of the Organisation since its first Session in 1893. As part of last year’s Foreword, I reflected on the vision of Tobias Asser, the founder of the HCCH. I noted his ardent belief in the need for strong legal frameworks governing private cross-border interactions among people and businesses, developed and adopted through a multilateral mechanism that champions dialogue, discussion, negotiation and collaboration. This mechanism was the HCCH, the enduring manifestation of Asser’s vision, which the Organisation has carried forward since then. 2019 was no different – and yet it marked another, very special milestone: the finalisation and adoption of the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. This milestone is very special in more than one way. As early as 1862, Asser remarked, as part of his Inaugural Address as a newly appointed professor in Amsterdam, how fortunate those nations are that accept the principle of the mutual recognition of foreign judgments. Already at that early stage he foresaw the benefits that nations could gain from a simple, efficient, and predictable framework that supports the domestic recognition and enforcement of foreign judgments. A strong legal framework that supports international transactions and that raises the level of certainty in the context of international trade, commerce and investment. In July 2019, the HCCH delivered on Asser’s foresight, delivering

what I like to call a true “gamechanger”, by closing a significant gap in the tapestry of international instruments governing private cross-border interactions among people and businesses. The Judgments Convention is further evidence of the HCCH’s preeminence in developing innovative, global and consensusbased solutions in private international law. That the HCCH reached this point is to the merit of many and I thank all the experts, delegates and Chairs, who over many years banded together and, in a concerted and highly collaborative effort, crafted a strong framework that does Tobias Asser proud. I thank all my colleagues at the Permanent Bureau who, also for many years, tirelessly and with much ardour and dedication supported this process, culminating in the successful Diplomatic Session in June and July 2019 at which over 400 delegates finalised and adopted the Convention. So, 2019 clearly was another busy and fruitful year for the HCCH – but not only because of the Judgments Convention. The HCCH also successfully advanced work on other topical issues, including the feasibility of establishing rules on international legal parentage, focussing specifically on legal parentage established as a result of international surrogacy arrangements, as well as the desirability and feasibility of further work on a draft Convention on Cooperation and Access to Justice for International Tourists. Additionally, the HCCH explored issues related to international transfer of maintenance funds and further addressed illicit practices in intercountry adoption. 2019 also marked the inaugural event of a new series, entitled HCCH a|Bridged: Innovation in Cross-Border Litigation and Civil Procedure. Furthermore, the HCCH continued to promote and improve the implementation of its Conventions through events, publications and work with Members and Contracting Parties. Last, but certainly not least, the HCCH further advanced the important work of strengthening its foundation by progressing its work on various good governance matters, including the development of new

Rules of Procedure as well as a Framework for the establishment of new Regional Offices. Against this rich and multi-faceted background of yet another productive year, it is my great pleasure and privilege to deliver this 2019 Annual Report. I trust you will find it informative and interesting. Christophe Bernasconi Secretary General March 2020Contents 04 A New HCCH Convention: The 2019 Judgments Convention 12 Other Highlights 14 Members 15 Ratifications & Accessions 16 Facts & Figures 18 A Year to Reflect: Legislative Work 20 A Year to Reflect: Non-Normative Work 26 Governance 28 Our People 30 Organisational Chart of the Permanent BureauAnnual Report 2019 After two decades of intensive work, the Judgments Project, which was originally established to develop an international instrument on both international jurisdiction and the recognition and enforcement of foreign judgments, reached its highpoint on 2 July 2019 when the Final Act of the 22nd Diplomatic Session of the HCCH (22nd Session), containing the agreed-upon text of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 Judgments Convention), was signed. A new Convention was adopted, the HCCH’s 40th normative instrument in the Organisation’s modern era. The adoption marked the completion of an important strategic priority of the HCCH (Strategic Priority 1.1 of the HCCH Strategic Plan 2019-2022).

A New HCCH Convention: Annual Report 2019

Why the 2019 Judgments Convention matters The successful conclusion of the 2019 Judgments Convention fills an important gap in the landscape of private international law, benefiting individuals and companies alike. In the absence of a general global framework for the circulation of foreign judgments, the instrument lays down a set of commonly accepted rules and mechanisms pertaining to the recognition

and enforcement of foreign judgments in civil or commercial matters. By defining the criteria for the recognition and enforcement of foreign judgments, and providing grounds for their refusal, the 2019 Judgments Convention aims at enhancing legal certainty and predictability. Overall, the rules and mechanisms should lead to shorter timeframes for the recognition and enforcement of judgments among those States that will become Parties to the instrument. It has thus the potential to reduce significantly transaction and litigation costs and risks associated with cross-border dealings. Moreover, it can also promote effective access to justice and facilitate rule-based international trade and investment as well as overall mobility. The 2019 Judgments Convention will be a true gamechanger in international dispute resolution. The road to the adoption of the 2019 Judgments Convention At its meeting in 2011, the Council on General Affairs and Policy (CGAP) mandated an Experts' Group to assess the possible merits of resuming the Judgments Project. Since then, the Project went through several important negotiation stages: - in 2012, CGAP agreed to proceed with the Project, and established a Working Group to prepare proposals on the recognition and enforcement of judgments, including jurisdictional filters; - between 2012 and 2015, the Working Group met five times, and at its fifth meeting in 2015, it completed its work towards the preparation of draft provisions for inclusion in the future convention on the recognition and enforcement of judgments in civil or commercial matters and prepared a Proposed Draft Text for consideration by a Special Commission; - between 2016 and 2018, the Special Commission met four times (June 2016, February and November 2017, and May 2018). The text produced at the May 2018 meeting – the 2018 draft Convention – served as a basis for the deliberations at the 22nd Session of the HCCH;

• during the 22nd Session, which took place from 18 June to 2 July 2019, the final negotiations took place in the Building of the Hague Academy on the premises of the Peace Palace to conclude the Judgments Convention.

More than 400 delegates, representing 81 States and observer organisations from around the world, attended the negotiations and the final ceremony. Many important factors contributed to the successful negotiation of the 2019 Judgments Convention. All delegations were very committed both to the preparation of, and the participation in, the negotiations. They were well prepared and ready to actively shape the instrument’s content. Twenty-Second Session The Hague 18 June to 2 July 2019 The 2019 Judgments ConventionAnnual Report 2019 Over the course of the years, Members, including Italy, Japan, the Netherlands, Switzerland, the People’s Republic of China and Romania, as well as the municipality of The Hague and Lipman Karas LLP, generously hosted social events during the meetings of the Working Group, the Special Commissions and the 22nd Session. The final ceremony of the 22nd Session took place in the Peace Palace’s Great Hall of Justice. The Minister of Foreign Affairs of the Kingdom of the Netherlands, His Excellency Mr Stef Blok, delivered a speech highlighting the importance of the Convention for international trade and investment. The Secretary General, Dr Christophe Bernasconi, reiterated that with the adoption of the 2019 Judgments Convention the focus would shift towards the promotion of the instrument. He invited all delegates to be “champions of the Convention” so that “the Convention is taken up by States. That it is implemented correctly. That it operates effectively.” The Chair of the 22nd Session, Professor Paul Vlas, echoed this sentiment and reiterated that the fast, wide and effective uptake of the Convention by the international

community is its next milestone for the HCCH. Signing the 2019 Judgments Convention during the closing ceremony on behalf of her country, the Ambassador of Uruguay emphasised that it was “an honour for Uruguay to be among the first countries in signing […] this modern and innovative Convention that will fulfil a necessity that our globalised and interconnected world has been asking for.” Some Members generously hosted intersessional meetings and facilitative discussions in the form of informal gatherings. For example, Hong Kong SAR, the People’s Republic of China, organised and hosted Working Group meetings in 2014 and

2019. The Permanent Bureau (PB) worked closely with the authorities in Hong Kong in this regard, as it did with those in Canada, Israel and the European Union to organise informal meetings in the lead up to the finalisation of the negotiations.

Moreover, the PB supported the chairs of all formal and informal Working Groups, the Special Commission as well as of the 22nd Session. Some of the support was logistical in nature; some was more substantive, benefitting the comprehensive and detailed work on issues such as intellectual property, anti-trust, privacy, common courts, judgments pertaining to governments, relationship with other international instruments, costs of proceedings, non-unified legal systems, general and final clauses, trusts, tenancy, submission, arbitration, and individual and collective employment contracts. In some instances, the PB’s support also included the drafting, or coordinating the production, of comprehensive supporting documents, including on marine pollution and emergency towage and salvage, limitation periods for the enforcement of foreign judgments, common courts, the treatment of penalty orders imposed on the non-compliance with non-monetary judgments, anti-trust matters, intellectual property rights, and the Convention’s potential application to privacy matters.

A New HCCH Convention: Annual Report 2019

The road to a wide and effective uptake of the

2019 Judgments Convention Since the adoption of the 2019 Judgments Convention, the HCCH has been promoting the instrument. The Organisation produced a video that recounts the 22nd Session and discusses the benefits of the 2019 Judgments Convention. In addition to providing a unique memento of this milestone for the HCCH, the video allows the viewer to understand the processes leading up to the adoption of the Convention, while select experts explain why the instrument will matter greatly. Moreover, the Inaugural Conference, “2019 HCCH Judgments Convention: Global Enforcement of Civil and Commercial Judgments” took place in Hong Kong SAR, the People’s Republic of China, in September 2019. Over 200 local and international participants, including government officials, judges, practitioners and academics, successfully kicked off a future series of events on the 2019 Judgments Convention that will promote the instrument, highlighting its importance and usefulness to individual citizens and companies in crossborder dealings. More activities to promote the 2019 Judgments Convention will be organised in the years to come. Video The 2019 Judgments Convention Twenty-Second Session The Hague 18 June to 2 July 2019Annual Report 2019 Speech by Mr Stef Blok, Minister of Foreign Affairs of the Kingdom of the Netherlands Monsieur le Président, Excellences, Mesdames et Messieurs, En tant que ministre des Affaires étrangères et représentant du Gouvernement du Royaume des Pays-Bas, je suis très honoré de m’adresser à vous à l’occasion de la Vingt-deuxième session de la Conférence de La Haye de droit international privé. La présente cérémonie est marquée par la signature de l’Acte final de cette Session, qui comprend le texte de la Convention de 2019 sur la reconnaissance et l’exécution des jugements étrangers en

matière civile ou commerciale. And now please allow me to continue in English. You’ve spent the last two weeks intensively negotiating this Convention. I’d like to thank you and the Permanent Bureau for your valuable work. This is a new addition to the important body of conventions adopted by the Hague Conference. The Hague Conference’s mission is the progressive unification of the rules of private international law. The conventions bridge differences between members’ legal systems in areas covered by private international law. This creates a high degree of legal security for individuals and companies. The Final Act with which a new instrument is added to the body of Hague Conference conventions re-affirms the value of the organisation and its mission. It enhances the legal certainty and predictability that is so important in international legal matters, especially in international trade and therefore our economy. It took a great deal of effort by you and your colleagues to arrive at today’s result. As you know, over the past few years working groups and Special Commission meetings have been preparing the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Delegates from all the Hague Conference members and representatives of the many observers lent their highly specialised legal expertise to the process of drafting the Final Act. Today I have the honour of signing it. And I’m pleased to do so. Because I’m certain that this Convention, by offering certainty and legal security in crossborder transactions and litigation, will have a positive economic effect for Hague Conference members. Not least, because it will inspire confidence in civil court judgments handed down in other member states. It’s hard to imagine a world without the Hague Conference conventions. They have an impact on the daily lives of millions of people and offer solutions to the problems faced by many. So I’d like to stress again the importance of the Hague Conference’s work. Every member should take pride in this organisation. The Netherlands is proud to have hosted the Conference since its founding in 1893. We’re also proud to host the many other legal

institutions that call The Hague home. The Hague Conference is special because it focuses on private international law and is vital to trade and commerce. It’s also the oldest international organisation in the Netherlands. And of course I’m especially proud that a Dutchman, Tobias Asser, legal scholar and Nobel laureate, was closely involved in the history of this institution. We owe a big debt of gratitude to him and the many others who have made a contribution over the past 125 years. I’d like to close by expressing my appreciation and gratitude to everyone involved in drafting and finalising this important instrument. The process has taken many years and now, thanks to you all, it has yielded this result. I’d especially like to thank David Goddard. From the start of the negotiations he chaired the various Special Commission meetings, including the one which prepared the Convention for this twenty-second Diplomatic Session. I also like to thank the Secretary-General of the Hague Conference and the other members of the Permanent Bureau for their work, and Professor Paul Vlas for chairing this Diplomatic Session. Je tiens à finir mon intervention comme je l’ai commencée : en français. Je forme le vœu que l’accord que vous avez finalisé aujourd’hui prenne rang parmi les plus précieuxjoyauxdes Conventions de La Haye. S’il est le plus récent, je suis certain qu’il n’en sera pas le dernier. Merci - Thank you!

A New HCCH Convention: Annual Report 2019

Speech by Dr Christophe Bernasconi, Secretary General of the HCCH Dear Chair of the Session, Excellencies, Chairs of the Commissions, Delegates, Friends and Colleagues. So, here we are. Fourteen days ago, we opened the Session. And now the Final Act is signed. We just witnessed the formal adoption of a new international treaty. Not just any treaty. The 40th global instrument

developed by the HCCH in modern times: the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. We can be proud of what we have achieved. A Convention that clearly has the potential to be a true gamechanger. A Convention that offers one global framework providing certainty and predictability in relation to the global circulation of foreign judgments. An important gap in the landscape of private international law has finally been filled. We can be proud of the HCCH itself. The Organisation has delivered. It has shown that it can develop and adopt complex multilateral treaties which can make a real difference to many people globally. And it has shown that it can do so while pursuing universality, promoting inclusiveness, giving a true and effective meaning to consensus. The HCCH –Connecting. Protecting. Cooperating: since 1893 –and for many years to come. We can be proud of what we have achieved. And yet, when the Chair will close this 22nd Diplomatic Session in a short while from now, another chapter is opened, another type of work starts. Must start. We will move this new instrument from the HCCH’s normative to the non-normative agenda. We will need to promote the Convention! We will need to make sure that the Convention is taken up by States. That it is implemented correctly. That it operates effectively. That it works for those for whom we created it: people, businesses around the globe. Not a small order, and certainly not one the Permanent Bureau can accomplish alone. Our collective achievement will not be measured by what has happened today. Our success will not be measured in form of a Final Act that features plenty of signatures. Our achievement will be judged by what is going to happen in the coming months and years. When will the instrument enter into force? How many States will have become Contracting States in,

say, three, five years’time? Enough to plan or even hold a first Special Commission on the practical operation of the instrument? I have no answers to these questions today. But with my colleagues here in The Hague, in Buenos Aires and in Hong Kong, we at the Permanent Bureau will of course play our role in making sure that this Convention will be the gamechanger it clearly can be. That it will be taken up by many States around the world swiftly, so that more and more people and businesses will reap the benefits it promises. Mais, une fois de plus, nous ne pouvons y arriver seuls. C’est pourquoi, Excellences, Mesdames et Messieurs, permettez-moi de saisir l’occasion qui m’est offerte aujourd’hui pour vous demander – à toutes et à tous ici présents – de nous aider dans cette entreprise. Chacune et chacun d’entre vous qui avez signé l’Acte final aujourd’hui : vous êtes toutes et tous des championnes et champions de la Convention ! En fait, je ne saurais penser à de meilleures ambassadrices ou de meilleurs ambassadeurs que vous pour promouvoir notre nouvel instrument, fruit de nos efforts collectifs ! Aussi, lorsque vous retournerezdans vos capitales, ministères, cabinets, ou bureaux, ayezrecours à votre expérience et à vos connaissances, servez-vous de la force, de la puissance de ce que vous avezaccompli ici pour donner à la Convention l’envergure et l’impact qu’elle est appelée à avoir. Notre succès sera mesuré à l’aune de ce que nous réaliserons dès ce jour pour la Convention, au rythme des ratifications et adhésions qu’elle entraînera. Nous serons évalués à l’aune de son bon fonctionnement, des avantages réels que de nombreuses personnes et entreprises pourront en tirer dans le monde entier. Cela

marquera la véritable réussite de cette Convention. Réunis ensemble ici dans cette salle à l’aura si significative, le jour même de la naissance de cette Convention, nous devons persister, poursuivre nos efforts collectifs afin d’en assurer son véritable succès. Bonne et longue vie à la Convention ! Je vous remercie. The 2019 Judgments Convention Twenty-Second Session The Hague 18 June to 2 July 2019Annual Report 2019 Speech by Professor Paul Vlas, President of the Netherlands Standing Government Committee on Private International Law Excellencies, Ladies and Gentlemen, As we just witnessed the birth of a new treaty, our work is done –and yet, there are no laurels to rest upon, we are just at the beginning. As the Secretary General convincingly pointed out, this Convention will only be as successful as it will be taken up by the international community. It will only assist in transactional and litigation planning effectively if the Convention is widely implemented. It will only make a real difference to the costs of cross-border litigation if the Convention’s rules and mechanisms are available to large number of international actors. And it will only ever help people gain better access to justice globally if you here in the room not only adopt the Final Act, but upon your return home lobby your Ministers, your senior officials, to sign and implement the 2019 Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. Today, we celebrate our success. But this is only the first rung in the ladder of success for this new Convention. It is upon you to climb this ladder –rung by rung. You must build upon today’s success –which is only the start of the real work which lies ahead, and which will transform this Convention into a successful Convention. This is your challenge for the years to come.

Excellencies, Ladies and Gentlemen, there is a long list of those to whom I wish to express my gratitude. I thank the government of the Kingdom of the Netherlands for its unwavering support for the important work of the HCCH and this Diplomatic Session. I thank my Vice-Chairs for assisting me so diligently and efficiently in discharging my role as Chair of this Session. I thank the Chair of the Commission, David Goddard, and his ViceChairs for managing the negotiations so wisely and professionally, allowing us to celebrate this success today. David, you chaired the meetings of the Commission with much wisdom, energy and humour. During all these years of preparation of this Convention, you stayed optimistic and showed great leadership in negotiations which were not always easy. Thank you very much for all your work! I also wish to thank Andrew Walter for chairing the Session’s Commission on General Affairs and Policy. We all witnessed a smooth and flexible change of Chairs during this Diplomatic Session. I thank the Secretary General and the Permanent Bureau for their tireless efforts – also over many years leading up to this Diplomatic Session – without which today’s success would be simply unthinkable. And I thank you, the delegates, you who came to The Hague from near and far to negotiate and adopt this new Convention. You were innovative. You found solutions. You were bold. You moved challenges out of our way. You compromised. You grabbed the once in a-lawyer’sgeneration opportunity. You were successful indeed. And with this it falls upon me to close officially the 22nd Diplomatic Session of the Hague Conference on Private International Law. I wish you all a safe return and invite you to join us for the Closing Reception which is hosted by the Kingdom of the Netherlands and which will take place in the Foyer of the Peace Palace, just outside the Great Hall.

A New HCCH Convention: Annual Report 2019

The 2019 Judgments Convention Twenty-Second Session The Hague

18 June to 2 July 2019Annual Report 2019 21-23 May Meeting of the Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption The Hague 28 May Meeting of the Council of Diplomatic Representatives (CDR) The Hague 18 June - 2 July Twenty-Second Session of the HCCH, leading to the adoption of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention) The Hague 18-22 February Regional Workshop on the practical implementation of the HCCH 1993 Adoption Convention for francophone countries Abidjan (Côte d'Ivoire) 5-8 March Meeting of the Council on General Affairs and Policy (CGAP) The Hague 29 March International Symposium on Family Mediation

Singapore JUNEMAYAPRILMARCHFEBRUARYJANUARY

2-3 April African Regional Conference on the HCCH Children's Conventions Cape Town (South Africa) 29 January - 1 February Fifth meeting of the Experts' Group on the Parentage / Surrogacy Project The Hague OtherAnnual Report 2019 14-15 November International Seminar on the Protection of Children on the Move and Kafala Rabat (Morocco) 16-18 October 11th International Forum on the e-APP (electronic Apostille Programme) Fortaleza (Brazil)

JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

9 September Inaugural Global Conference - HCCH 2019 Judgments Convention: Global Enforcement of Civil and Commercial Judgments Hong Kong SAR (People's Republic of China) 29 October - 1 November Sixth meeting of the Experts' Group on the Parentage / Surrogacy Project

The Hague 3-6 September Meeting of the Experts’ Group on Co-operation and Access to Justice for International Tourists The Hague 16-18 September Meeting of the Experts' Group on International Transfer of Maintenance Funds The Hague 27 November Technical roundtable on the operation of the HCCH 2015 Choice of Law Principles Maputo (Mozambique) 11 December HCCH a|Bridged: Innovation in Cross-Border Litigation and Civil Procedure Edition 2019: The HCCH Service Convention in the Era of Electronic and Information Technology The Hague HighlightsAnnual Report 2019 Members Admitted States (the membership of Colombia, Dominican Republic, Honduras, Lebanon and Uzbekistan is currentlysubject to their acceptance of the Statute) Candidate State (Namibia has applied for membership for which the six-month voting period is running (end of voting period: 10April 2020) MembersAnnual Report 2019 Ratifications & Accessions in 2019 Other Connected Parties New Ratifications & Accessions to HCCH Conventions in 2019 1961 Apostille Convention Palau 1965 Service Convention Nicaragua 1980 Child Abduction Convention Barbados Guyana 2007 Child Support Convention

Guyana Nicaragua EIF: Entry into force in 2019 EIF: Entry into force in 2020

Nicaragua Palau Honduras Guyana 1993 Adoption Convention Congo (Republic of the) Guyana Honduras 1996 Child Protection Convention Barbados Guyana Nicaragua Barbados Congo 1970 Evidence Convention Nicaragua Ratifications & AccessionsAnnual Report 2019 0 New Members to the HCCH 1 New Accession 1961 Apostille Convention1

New Accession 1965 Service Convention 2 New Accessions 2007 Child Support Convention 2 New Accessions 1980 Child Abduction Convention 3 New Accessions 1996 Child Protection Convention 1 New Accession 1970 Evidence Convention 2+1 New Accessions | Ratification 1993 Adoption Convention FactsAnnual Report 2019 4,105 4,622 in 2018 in 2019 Number of fans on Facebook 4,456 6,145 in 2018 in 2019 Number of followers on LinkedIn 1,347 1,593 in 2018 in 2019 Number of followers on Twitter € 20,000 of monetary voluntary contributions (Government of Argentina) for the Permanent Bureau's Regional Office for Latin America and the Caribbean (ROLAC) € 145,000 of monetary voluntary contributions for the Permanent Bureau's headquarters in The Hague € 150,000 of monetary voluntary contributions (mainly from the Government of Hong Kong SAR and the People's Republic of China) for the Permanent Bureau's Regional Office for Asia and the Pacific (ROAP) FiguresAnnual Report 2019 Parentage / Surrogacy Project The Experts’Group on Parentage / Surrogacy held its fifth and sixth meetings in January and October 2019 respectively. Both meetings took place in The Hague. The fifth meeting further explored the feasibility of establishing international rules on international legal parentage, focusing specifically on legal parentage established as a result of international surrogacy arrangements. The sixth meeting then proposed provisions for inclusion in two possible future instruments: a general private international law convention on the recognition of foreign judicial decisions on legal parentage, and a separate protocol on the recognition of foreign judicial decisions on legal parentage rendered as a result of international surrogacy arrangements.

The Experts’ Group made significant progress in developing draft