Hague Convention

News & Analysis as of

How to Depose a Danish Witness in The Netherlands

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

Seoul Depositions

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

5 Things to Save Time (and Client $) When Using Hague Service Convention

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

Change to Rules of Service Out of the United Kingdom Following the Recast Brussels Regulation

Introduction - 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

Discovery in Belgium

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

Discovery and Depositions in Germany

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

Conducting Depositions in Sweden

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

China Begins Issuing 10-year Visas

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

Is International Service of Process by Mail Permitted?

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

The Hague Convention: Defending a Japanese Company in U.S. PL Litigation

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

SDNY Rejects SEC’s Proposed Alternative Service For Two Chinese Nationals

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

6 Defenses To International Child Abduction

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

Contracting around the Hague Convention on Service of Process

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

Change to Alberta Court Rules Eases Service Under Hague Convention

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

Catch Me If You Can: How To Serve Foreign Defendants

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

Service of Alberta Process Outside of Canada Now More Complicated

The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law, which greatly complicates serving legal documents outside of Canada. In our...more

Trade Secret Owners Flock to the International Trade Commission to Combat Overseas Misappropriation

The International Trade Commission (“Commission”) has seen a spike in investigations related to the misappropriation of trade secrets since the Federal Circuit’s determination in TianRui Group Co. Ltd. v. U.S. Int’l Trade...more

Patent Treaty Implementation Act Eases Foreign Design Patent Filings

After a long delay, the United States will soon implement two multilateral treaties that will assist U.S. applicants in securing design and utility patents in foreign countries. The Hague System Agreement will allow design...more

South Florida, Prime Destination for Litigants Seeking Evidence in Foreign Proceedings

Foreign civil lawsuits, private arbitrations using § 1782 to facilitate discovery - Let’s say you have a client who is a party to an arbitration proceeding pending in Buenos Aires, Argentina. In your investigation of the...more

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