The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more
U.S. lawyers seeking to depose a witness residing in Switzerland for purposes of litigation in the U.S. often seek advice on how to properly do so as a matter of Swiss law and in accordance with the Hague Convention on the...more
The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope. The judiciary are alive to the risk that parties may run...more
On 27 June 2024, the United Kingdom ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Considering the complex international legal framework...more
The UK Government has ratified a new multilateral treaty on the enforcement of judgments: the Hague Judgments Convention 2019, which will take effect in the UK from 1 July 2025 and will apply to any judgment of the Courts of...more
On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd....more
In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more
A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern...more
Disputes determined by German courts do not involve pre-trial discovery or depositions. In fact, depositions are entirely foreign to the German legal system, and German law excludes taking evidence without the presence of a...more
In Lucero v. Wheels, Limited, 2023 WL 8622293 (5th Cir. Dec. 13, 2023), Plaintiffs sought to serve the defendant in India. Plaintiffs tried to serve through two international process service companies and the Central...more
The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019")....more
A common issue that arises in child custody cases relates to international travel. Issues such as international travel and obtaining a passport for a child generally fall under “legal custody.”...more
The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,...more
On 23 November 2023, the UK government published its response to its consultation on the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague...more
Today, the 1961 Hague Apostille Convention enters into force in China. The Convention aims to abolish the requirement of legalization of foreign official documents, replacing it with the issuance of a single apostille by one...more
Beginning November 7, 2023, the Apostille Convention of the Hague Conference on Private International Law will come into effect in mainland China. Upon effectiveness, the country will replace the current legalization process...more
On 1 August 2023, Ukraine became a Contracting State to the Hague Convention on Choice of Court Agreements 2005 (the “Choice of Court Convention”), joining the EU, Mexico, Montenegro, Singapore and the UK....more
On March 8, 2023, China acceded to the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalization for Foreign Public Documents ("Hague Convention"). The legal effects of the Hague Convention will enter...more
No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more
On July 28, 2023, Judge Gonzalez (E.D.N.Y.) denied Defendant Shenzhen Keenray Innovations Ltd.’s (“Keenray”) motion to vacate the December 18, 2022 Order for Entry of a Preliminary Injunction ("Preliminary Injunction Order”)....more
German real estate company Adler recently made headlines by successfully implementing a €6bn restructuring by way of a UK Part 26A Restructuring Plan. The Plan involved the subordination of Adler’s existing notes to new money...more
On April 24, 2023, the EU Council announced that it will seek treaty relations with Ukraine under the framework of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial...more
Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more
In Re Cote D’Azur Estate, C.A. No. 2017-0290-JTL (Del. Ch. Dec. 12, 2022) - The Hague Evidence Convention provides an alternative method from the Federal Rules of Civil Procedure to compelling production from opposing...more
Pre-Brexit and during the transition period, UK judgments were enforced within the EU on the basis of the Brussels I Recast. Judgments were easily enforceable in other member states without any declaration of enforceability...more