In 2013, a decision by the President of the Court of Appeals (Oberlandesgericht) Frankfurt led me to speculate whether Germany’s position on the pre-trial discovery of docments under the Hague Evidence Convention is softening. In April 2014, the Federal Ministry of Justice came forward with a proposal to modify Germany’s position on discovery of documents and to allow it in certain circumstances. In this post, I try to summarize the various responses to this initiative. Read More
Tag: Hague Evidence Convention
Update from The Hague: Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions
Update: As previously reported, the Hague Conference on Private International Law is holding a Special Commission meeting on the Service, Evidence and Access to Justice Conventions. At Letters Blogatory, Ted Folkman has now posted his comments of days three and four of the proceedings in The Hague.
The Hague: Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions
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.
Pre-trial Discovery of Documents under the Hague Evidence Convention – Germany’s Position Is Softening!
You read it here first – Germany’s position on the discovery of documents may be softening. My first post on the topic was triggered by a May 2013 decision of the Frankfurt Court of Appeals, setting aside a surprising decision by the Central Authority for the State of Hesse. It came with a question mark: Is Germany’s position softening? But now, the Federal Ministry of Justice (Bundesjustizministerium) is reconsidering Germany’s position.