News & Analysis as of

Hague Convention

Esquire Deposition Solutions, LLC

Taking Depositions in Mexico

Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations...more

Patterson Belknap Webb & Tyler LLP

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Epiq

The Sedona Conference Commentary on Proportionality in Cross-Border Discovery: A Brief Overview | Epiq

Epiq on

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

Orrick, Herrington & Sutcliffe LLP

Depositions in Switzerland: How to Depose a Witness in Switzerland for Litigation in the United States

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

Walkers

Enforcement of foreign arbitral awards by the Grand Court of the Cayman Islands

Walkers on

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

A&O Shearman

United Kingdom and the ratification on 27 June 2024 of the Hague Convention on the Recognition and Enforcement of Foreign...

A&O Shearman on

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

Hogan Lovells

UK Government has ratified a new multilateral treaty on the enforcement of judgments: the Hague Judgments Convention 2019

Hogan Lovells on

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

Patterson Belknap Webb & Tyler LLP

Look Before You Jump: Judge Ho Rules Hague Convention Applies Where Plaintiff Was Not "Reasonably Diligent" in Finding Defendants'...

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

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

Mayer Brown on

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

Esquire Deposition Solutions, LLC

The Need to Translate Pleadings for Service Overseas

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

Orrick, Herrington & Sutcliffe LLP

Depositions in Germany: How to Depose a Witness in Germany for Litigation in the United States

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

Kilpatrick

Current Developments in Cross-Border Litigation | Service of Process on a Foreign Party

Kilpatrick on

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

Jones Day

New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention

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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

Cooley LLP

UK to Sign Hague Convention on the Recognition and Enforcement of Foreign Judgments

Cooley LLP on

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

Faegre Drinker Biddle & Reath LLP

UK to Sign the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ‘As Soon As...

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

Hogan Lovells

Cutting red tape: China joins Apostille Convention, simplifying recognition of foreign documents

Hogan Lovells on

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

Morgan Lewis

Hague Apostille Certification to Replace Legalization Process in China

Morgan Lewis on

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

Hogan Lovells

Hague Convention on Choice of Court Agreements in force for Ukraine

Hogan Lovells on

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

Sullivan & Worcester

Apostille Under Hague Convention will be Effective in Mainland China, Replacing the Long Legalization Process

Sullivan & Worcester on

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

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

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

Patterson Belknap Webb & Tyler LLP

Judge Gonzalez Holds that Service By E-mail on a Chinese Defendant Does Not Run Afoul of Hague Convention

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

King & Spalding

Recognition of Part 26A Restructuring Plans in Germany

King & Spalding on

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

King & Spalding

EU and Ukraine to recognize and enforce each other’s court decisions

King & Spalding on

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

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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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

Morris James LLP

Chancery Permits Discovery Under the Hague Evidence Convention

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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

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