HCCH a|Bridged: Innovation in Cross-Border Litigation and Civil Procedure

Edition 2020: GOLDEN ANNIVERSARY OF THE HCCH 1970 EVIDENCE CONVENTION

2 December 2020 – Online

 

How have 50 years of HCCH Evidence Convention facilitated cross-border proceedings in civil or commercial matters? Is there a best practice when taking evidence under Chapter I of the Convention? What are the best means of obtaining evidence that can be effectively utilised in proceedings in the state of origin where proceedings are pending? What are the challenges and opportunities raised by the “direct” taking of evidence by a commissioner? What are the lessons to be learned from the Covid-19 pandemic?

These and other questions concerning cross-border litigation and civil procedure were already being discussed at international forums around the world. In this context, the German EU Council Presidency and the Hague Conference on Private International Law (HCCH) jointly organised HCCH a|Bridged – Edition 2020. This event commemorated the golden anniversary of the HCCH Evidence Convention, and brought together international experts and stakeholders from different backgrounds to discuss practical challenges on the cross-border taking of evidence and possible solutions to further facilitate cross-border proceedings in the next 50 years.

The HCCH a|Bridged format ensured the event remained true to its name, being short and sharp. After a keynote speech entitled “50 years of the HCCH Evidence Convention – Facilitating cross-border proceedings”, the first panel discussed the question of “Effective Taking of Evidence under Chapter I of the Convention: A Requesting State’s Perspective”. The second panel discussed challenges and opportunities as regards the “Taking of Evidence under Chapter II of the Convention”.
Welcome Note and Practical Information on the Meeting

Dr João Ribeiro-Bidaoui
First Secretary, HCCH

Mr. Thomas KLIPPSTEIN
Federal Ministry of Justice and for Consumer Protection
Opening Remarks

Dr Margaretha Sudhof
State Secretary at the Federal Ministry of Justice and Consumer Protection, Germany
Word by the Hague Conference on Private International Law (HCCH)

Dr Christophe Bernasconi
Secretary General, HCCH
50 years of the HCCH Evidence Convention
Facilitating Cross-Border Proceedings


Professor Dr Michael Stürner
Professor, Universität Konstanz and Judge, Higher Regional Court, Karlsruhe

Effective Taking of Evidence under Chapter I of the Convention:
A Requesting State’s Perspective


Convenor: Ms Kerstin Empt
Judge, Higher Regional Court of Cologne, Germany

Ms Colleen McMahon
Chief Judge, U.S. District Court, Southern District New York, United States of America

Dr Marcelo De Nardi
Federal Judge, Federal Court of First Instance of Rio Grande do Sul, Brazil

Ms Haerang Lee
Judge, Suwon District Court, Republic of Korea

 

A(bridged) Presentation
Showcasing the Guide to Good Practice on the Use of Video-Link under the Evidence Convention


Ms Elizabeth Zorrilla
Legal Officer, HCCH

Effective Taking of Evidence under Chapter II of the Convention:
Challenges and Opportunities for Cross-Border Proceedings


Ms Convenor: Mr Alexander Blumrosen
Partner, Polaris Law

Ms Nicola Engels
Judge, Higher Regional Court of Düsseldorf, Central Authority for North RhineWestphalia, Germany

Ms Noëlle Lenoir
Avocate à la Cour, Partner, Attorney at law, Noëlle Lenoir Avocats, France

Mr Willem A. Visser
Court Registrar & Senior Law Clerk, Netherlands Commercial Court – Utrecht District Court, the Netherlands

Ms Paula Pott
Judge, Court of Appeal, Lisbon, Portugal

Mr Michael Baylson,
Judge, U.S. District Court, Eastern District of Pennsylvania, United States of America

 

Closing Remarks

Ms Ruth Schröder
Head of Directorate General Civil Law at the Federal Ministry of Justice and Consumer Protection, Germany

Dr João Ribeiro-Bidaoui
First Secretary, HCCH