Hague Convention

News & Analysis as of

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

Enforcement Of EU Member State Judgment

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

Congenbill ‘Paramount Clause’ – Hague or Hague / Visby Rules?

In Yemgas FZCO & Ors v Superior Pescadores SA [2016] EWCA Civ 101, the Court of Appeal considered whether the standard ‘Paramount Clause’ wording in the Congenbill incorporates the Hague Rules 1924 (the “HR”) or the...more

Brazil enacts Hague "Apostille" Convention simplifying the international public document process

Brazil’s Congress has enacted the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents....more

A Snapshot of Depositions in Europe

International depositions sometimes involve extra planning and consideration. Europe encompasses several countries imposing certain requirements or restrictions on the process of discovery – over 20, in fact. In addition,...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

The Queen of Pop’s Custody Battle

This Christmas, gifts were the last thing on the mind of America’s material girl, Madonna. Instead, she and her ex-husband, Guy Ritchie, are entrenched in a custody battle, fighting over where their 15-year-old son Rocco will...more

Scheduling Depositions in Poland

If you find yourself scheduling depositions in Poland, you may want to extend your stay an extra couple of days to take advantage of the opportunity to delve into your surroundings and explore the culture and history....more

Hague Convention on Choice of Court Agreements

On October 1, 2015, the Hague Convention on Choice of Court Agreements (the “Convention”) entered into force. The Convention binds Mexico and all members of the European Union, with the exception of Denmark. Even though...more

Filing and Litigating a Hague Convention Child Abduction Civil Case in Federal Court

Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory...more

Hague Convention on Choice of Court Agreements – What you need to know

Whilst arbitration agreements in international cases are widely recognised under the New York Convention, the same is not always true for choice of court agreements, for which divergent national rules more often apply. The...more

Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have...more

International Depositions and Visa Requirements

When planning international travel, visa requirements can sometimes throw a monkey wrench into the process. This is bad enough when planning a highly anticipated vacation. When planning international travel for business,...more

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