Many lawyers have not heard the terms “nuncupative wills” and “notarial wills” since they took their bar exams (and some perhaps not even then). A recent Florida case provides us with a real world application of these terms....more
In 1973, Chevron and Ecuador signed an agreement allowing Chevron to develop oil fields in Ecuador. Years later, litigation ensued and eventually Chevron commenced an arbitration action before a tribunal in the Hague. Ecuador...more
Although summer has come to a close, lots of families continue to hit the roads (and even the seas and air) on vacation over long weekends, holidays and school vacations. Most divorced families agree upon a parenting plan...more
The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention.
The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to...more
Coordinating international depositions involves many steps and details. Depending on the country playing host to your depositions, there may be more or fewer steps to take. One of the first things to check is whether or not...more
As a party to the Hague Evidence Convention, Croatia requires prior permission from the Croatian Central Authority when taking depositions of Croatian or third-country nationals. Letters of request must be sent to the...more
Unfortunately, not all countries permit the taking of depositions. Mainland China, though a party to the Hague Evidence Convention, is just one example. Russia is not a party to the Hague Evidence Convention and does not...more
The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement.
On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more
Ever wonder what happens when a child is wrongfully taken across international borders?
- What happens if a child who lives in the United States is wrongfully removed by a parent, taken to France, and kept there?
As a family lawyer in Silicon Valley, I often work with clients with international issues: enforcing judgments in Europe, dividing property abroad or obtaining custody orders when the parents live on different continents. A...more
Denmark has declared, per Articles 15 and 16 of The Hague Evidence Convention, that depositions may not be taken in Denmark by diplomatic or consular officers without prior permission from the Danish Ministry of Justice....more
The capital of South Korea, Seoul, is the second largest metropolitan area in the world, and home to over half of South Korea’s population. Seoul is ranked as the world’s most wired city (and home to the world’s fastest...more
Filed under “wisdom borne of pain” — five things about using the Hague Service Convention that lop hours off of the time spent serving a foreign company in a US-based litigation....more
Regulation 44/2001 (the “Original Brussels Regulation”), which aimed to harmonise the approach to jurisdiction and the recognition and enforcement of judgments across European Union Member States’...more
Taking depositions in Belgium is similar to taking depositions in the U.S. Although Belgium is not a party to the Hague Evidence Convention, prior permission for taking depositions of Belgian citizens is not required, nor...more
Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more
One of the jewels of the Scandinavian region of Europe, the Kingdom of Sweden,is a highly frequented country for taking depositions. Not only is the country full of interesting history and breathtaking beauty, it is also a...more
For many years, U.S.-China relations have been strained; however, with President Obama’s recent trip to the Asia-Pacific region, tensions seem to be easing. Evidence of this upturn in relations comes as China began issuing...more
When a foreign client is sued in a U.S. court, the first question we typically address is the issue of how the complaint was served. It is not uncommon for some plaintiff’s lawyers to attempt service of process over a foreign...more
Japan is currently the fourth-largest U.S. trading partner, exporting on average, $130 billion in goods to the United States each year. More than half of all of those goods are manufactured products in the form of vehicles or...more
On January 30, the U.S. District Court for the Southern District of New York denied the SEC’s motion for an order authorizing alternative means of service for two Chinese nationals residing in the People’s Republic of China....more
A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more
When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more
A new Alberta Court Rule seeks to avoid an unfortunate implication that courts have read into the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Effective July...more
You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has...more
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