Hague Convention

News & Analysis as of

Hague Securities Convention’s Impact on Secured Transactions Choice-of-Law Rules

Choice-of-law rules for security interests in security entitlements in securities credited to security accounts will change on April 1, 2017 when the Hague Securities Convention comes into effect....more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

The Supreme Court - December, 2016

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Supreme Court Update: Bravo-Fernandez V. United States (15-537) And Order List

12.2.2016 Greetings Court Fans! The Court issued its first signed opinion of the term this week, a unanimous decision in Bravo-Fernandez v. United States (15-537) holding that the Double Jeopardy Clause does not bar the...more

New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue

New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

English Court confirms that package limitation under the Hague Rules excludes a bulk cargo

A recent decision provides authority for the broadly accepted understanding that a “unit”, for the purposes of limitation under Article IV Rule 5 of the Hague Rules, cannot apply to a bulk cargo – it can only mean a physical...more

Nevada case a reminder to foreign entities: Protect your due process rights when served

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure...more

Brasil, Chile y Marruecos se unieron a la Convención de la Haya sobre la Apostilla, simplificando el proceso de legalización de...

Brasil, Chile y Marruecos recientemente se unieron al “Convenio de La Haya del 5 de octubre de 1961 Suprimiendo la Exigencia de la Legalización de los Documentos Públicos Extranjeros” (la “Convención de la Haya sobre la...more

Brazil, Chile and Morocco Join the Apostille Convention, Simplifying the Process for Legalization of Documents

Brazil, Chile and Morocco recently joined “the Hague Convention of 5 of October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents” (the “Apostille Convention”) and will accept documents that have...more

Discovery From Foreign Affiliate Is Denied

Plaintiff seeks core technical documents regarding certain accused products that are in the possession of defendant’s foreign affiliates. He court finds that plaintiff has not demonstrated defendant’s control over the...more

Court Allow Hague Deposition Albeit After Close Of Fact Discovery

Defendants seek the assistance of the Italian authorities in compelling the testimony of the named inventor of the patent-in-suit. Defendants deposed the other inventors and then moved to supplement their motion with evidence...more

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Streamlined Procedures for Authenticating Documents in Brazil

Brazil has become the 111th contracting state to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the "Convention"). The text of the Convention was approved by the Brazilian...more

BREXIT - The impact on English law loan and finance documentation

Given the primacy of English law in international finance and loan documentation (English law and New York law being the most commonly selected globally), since the Brexit referendum in the UK, financiers and borrowers have...more

Brussels Recast anti-torpedo protection for hybrid jurisdiction clauses

In Perella Weinberg Partners UK LLP & anr v Codere SA [2016] EWHC 1182 (Comm) the High Court has held, albeit obiter, that an asymmetric (or hybrid) exclusive jurisdiction clause falls within the definition of “exclusive” for...more

Brexit: Overview of Potential Impact on Derivatives

The process of Brexit will take many years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

The Choice of Court Agreements Act 2016: Implications for Dispute Resolution in Singapore

The Hague Convention on Choice of Court Agreements (the “Convention”) establishes an international legal regime which requires contracting states to (a) uphold exclusive choice of court agreements designating the courts of...more

"Insights: Brexit"

On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more

Singapore Ratifies the Hague Convention on Choice of Court Agreements

Ratification will take effect on 1 October 2016. On 2 June, Singapore ratified the Hague Convention on Choice of Court Agreements (the Convention). The Convention will take effect under domestic legislation through...more

It’s Just Notice: Ontario Court of Appeal Holds that Rules of Service Do Not Interfere with State Sovereignty

In a decision released on June 3, 2016, the Ontario Court of Appeal (Court) rejected the proposition that Canada’s international law obligations require that service of an originating process in a non-Hague Convention state,...more

The Impact of the New Choice of Court Agreements Act 2016

The Choice of Court Agreements Act 2016 (CCAA) was passed by the Singapore Parliament on 14 April 2016. It is not yet in force, but the Ministry of Law has stated that it will come into force this year. The CCAA provides for...more

Depositions in Paris

Taking depositions in Paris sounds like a glamorous time, until you read the fine print, that is. Your head likely will be spinning so much that you may as well be reading French. Unless, of course, you are fluent in...more

A new breakthrough - Working towards globalising the enforceability of Singapore court judgments

What is the Singapore Choice of Court Agreements Act (CCAA)? The CCAA was enacted on 14 April 2016. It gives effect to Singapore’s treaty obligations under 2005 Hague Convention on Choice of Court Agreements (2005 Hague...more

Scheduling International Depositions of an Unwilling Witness, Part One: Letters of Request

One of the first things to consider when coordinating an international deposition is determining if the witness is willing to be deposed. In the event a witness is unwilling to be deposed and must be compelled to do so, you...more

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