This week, the Hague Conference on Private International Law is holding a meeting of the Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions. At Letters Blogatory, Ted Folkman is reporting live as events unfold. The Hague Conventions of course are central to many elements of cross-border litigation, and Ted covers what changes are being discussed.
One example is the use of videoconferencing under the Evidence Convention: “[T]here is a general dissatisfaction with the use of the Convention to facilitate the taking of evidence by video link, and a sense that parties, perhaps uncertain of what the Convention permits, are choosing to work outside the Convention to get the evidence they need. […] Thus the Australian delegation made a provocative proposal. They tabled the idea of a new optional protocol governing the use of videoconferencing.” Interested? Then read in full over at Letters Blogatory.
Thanks, Peter, for covering this! One point of clarification: the use of the Evidence Convention for video testimony is not new; the Convention already permits it. One of the arguments against a new optional protocol is that it might create the impression that without the protocol folks might think the use of video impermissible.
Thanks for the clarification – it’s clear on your post.