Co-operation with the Hague Conference on Private International Law

In the framework of the co-operation of the IAJ with the Hague Conference on Private International Law, a questionnaire has been spread among IAJ Member Associations. Please send your replies no later than May 1st 2014 to Ms. Zila Zfat (tzilat@court.gov.il)  President of the 2nd Study Commission, as well as to the IAJ Secretariat-General (secretariat@iaj-uim.org).

Here you are the presentation letter by our President and the Questionnaire.

 

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Vienna, 23.3.2013

Dear colleagues,

Last year the Presidency Committee started to look for possibilities to increase the visibility, effectiveness and involvement of IAJ in international activities concerning the judiciary and the rule of law. The work of our four study commissions was identified as an important tool to foster these efforts.

In this framework the contacts with the HccH have been re-established and future co-operation with this central body of international private law envisaged. On this basis IAJ was invited to participate in the Conference of a Special Commission on, which will take place in May. The Presidency Committee asked the President of the 2nd Study Commission Judge Zila Zfat to represent IAJ in this event and she kindly accepted.

The Special Commission will deal with the following conventions:

 

1. Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters: (“Service  convention”).
2. Hague Convention of 18 March 1970 on the taking of Evidence Abroad in Civil or Commercial Matters: (” Evidence convention”).
3. Hague Convention of 25 October 1980 on International Access to Justice :(” Access to Justice Conventions”).

The purpose of the Special Commission meeting is to discuss with a view of possible amendments and the elaboration of a handbook issues relating to the practical experience with these conventions, including the definition of terms, problems encountered, good practices, and the impact of information technology.

In this regard it would be very helpful and in the interest of all judges worldwide to contribute to a successful outcome of this conference, by sharing the practical experience, which are gathered by our member association.

The president of the 2^nd Study Commission elaborated the attached questionnaire. May I ask you to forward it to your member in the 2^nd Study Commission or to an other expert of your association and return the answers not later than May 1^st to  President Zila Zfat mail tzilat@court.gov.il until 1/ and to the secretariat  secretariat@iaj-uim.org

Thank you very much in advance

Kind regards

 

Gerhard Reissner,

President

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Questionnaire – HccH Special Commission meeting – May 2014

 

Answers of ……………………….

 

 

I.)              Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

 

 

 

1.              1.        Is  your country signatory/ contracting state to this convention?
2.              2.         Are there any specific topics or practical issues that you would like to have addressed at the Special Commission regarding this  conventions? Please specify.
3.              3.        In respect of the practical experiences of the judiciary in your country regarding this convention are there elements which should be improved ? Which ?
4.              4.        In respect of the practical experiences of the judiciary in your country regarding this convention are there elements which should be amended ? Which ?
5.              5.        Do you have any other conclusions or comprehensions from your judicial experience regarding this convention.
6.              6.        Have any decision on the interpretation or application of this convention been rendered by a court or any judicial authorities of your country? Please summarize them shortly.
7.              7.        Have there been any developments in your country regarding service of judicial documents by electronic means?

 

 

 

II.)            Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters

 

 

 

1.                   1.        Is  your country signatory/ contracting state to this Convention?
2.                   2.         Are there any specific topics or practical issues that you would like to have addressed at the Special Commission regarding this  convention? Please specify.
3.                   3.        In respect of the practical experiences of the judiciary in your country are there elements of this convention which should be improved ? Which ?
4.                   4.        In respect of the practical experiences of the judiciary in your country regarding this convention are there elements which should be amended ?  Which ?
5.                   5.        Do you have any other conclusions or comprehensions from your judicial experience regarding this convention ?
6.                   6.        Have any decision on the interpretation or application of this convention been rendered by a court or any judicial authorities of your country ?
7.                   7.         Have there been any developments in your country regarding taking of evidence by electronic means?

 

 

III.)          Hague Convention of 25 October 1980 on International Access to Justice

 

 

1.                        1.        Is  your country signatory/contracting state to this convention?
2.                        2.         Are there any specific topics or practical issues that you would like to have addressed at the Special Commission regarding this  convention? Please specify.
3.                        3.        In respect of the practical experiences of the judiciary in your country are there elements of this convention which should be improved ? Which ?
4.                        4.        In respect of the practical experiences of the judiciary in your country regarding this convention are there elements which should be amended ?  Which ?
5.                        5.        Do you have any other conclusions or comprehensions from your judicial experience regarding this convention.
6.                        6.        Have any decision on the interpretation or application of this convention been rendered by a court or any judicial authorities of your country ?
7.                        7.         Does the law or practice in your state impose any security, bond or deposit upon certain categories of persons such as foreign national persons who are not resident or domiciled in your state?