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.
Tag: Ted Folkman
Hague Convention on Choice of Court Agreements – A U.S. Perspective
Last week’s guest post by Pietro Franzina discussed the proposal of the EU Commission, recently adopted, that the EU should become a party of the Hague Convention on Choice of Court Agreements. Today, Ted Folkman provides the U.S. perspective on the Convention on his blog, Letters Blogatory, following up on an earlier post on the different proposals on how to implement the Convention in the U.S. system of state and federal courts. Ted, in short, believes that the Convention should be adopted and that in the real word, the differences between the rivalling approaches will not be felt.
Addendum: Here is a link to the comments of the German Bar Association (Deutscher Anwaltverein) dated October 2013. The German Bar Association welcomes the ratification, in particular with a view to transatlantic business. Its comments contain recommendations as to the declarations the European Union should or should not make pursuant Art. 19 – 21.
U.S. Discovery in Aid of German Proceedings: Kreke Immobilien, Sal. Oppenheim and Deutsche Bank
Today’s guest post is a slightly amended version of a post published at Letters Blogatory last week. Ted Folkmann discusses In re application of Kreke Immobilien, a case from the U.S. District Court for the Southern District of New York. A German party was seeking discovery under Sec. 1782 U.S.C. in support of German proceedings. Sec. 1782 has become an increasingly popular tool (see here for an earlier post on the topic) for German litigants to overcome the inherent limitations of German civil procedure to obtain documents from the opponent, or from third parties. But let’s now hear from Ted: Read More
Bleier v. Bundesrepublik Deutschland: Service and Immunity
Today’s guest post by Ted Folkman of Letters Blogatory addresses the interplay of German and US courts in relation to service under the Hague Service Convention in a putative class action:
The plaintiffs in Bleier v. Bundesrepublik Deutschland claim that they are hold pre- WWII German bonds, on which Germany ceased making repayments in 1933.