[Webinar] Cross-border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence

Overview

The use of information technology (IT) is becoming increasingly pervasive in legal processes. Service of documents by electronic means, including email and online platforms, is no longer a novelty. The same applies to the remote taking of evidence by video-link. Practical and effective cross-border judicial and administrative cooperation must be considered within the context of a business environment that relies on the use of IT. More countries have amended their domestic laws and processes to facilitate the use of IT for these purposes. In most cases, however, the use of IT may be subject to certain conditions or requirements, such as compliance with data security and privacy considerations. The Permanent Bureau (PB) of the Hague Conference on Private International Law (HCCH), which supports the operation of the 1965 Service Convention and the 1970 Evidence Convention, is also working to ensure that, where possible, IT is leveraged to enhance the operation of these two important instruments for cross-border dispute resolution.

This fourth joint webinar between the Asian Business Law Institute and the PB of the HCCH, is expected to cover, among others:

• Electronic transmission of requests under the 1965 Service and 1970 Evidence Conventions, including the use of IT for communication among Central Authorities and other competent authorities.
• Service by electronic means (email, online platforms, etc.) across different jurisdictions under the 1965 Service Convention;
• Remote taking of evidence by video-link and electronic evidence under the 1970 Evidence Convention.

Practitioners from jurisdictions that are signatories to these two Conventions would benefit in particular from relevant practical insights.