Extraterritorial Service & Evidence Abroad - Chapter 4.1 - Transnational Litigation and Commercial Arbitration - 3rd Edition
Joseph Lookofsky is Professor of Private and Commercial Law at the University of Copenhagen. He received his B.A. in Economics from Lehigh University, his J.D. from the New York University School of Law, and was admitted to the New York State Bar in 1971. He received his Danish law degrees (cand.jur. and dr.jur.) from the University of Copenhagen and joined the Law Faculty there in 1982. Professor Lookofsky has lectured on the CISG and other international commercial law topics for the Danish Bar Association (Advokatsamfund), the Duke University Law School in North Carolina, the University of Bologna (Facoltá di Giurisprudenza), the Albert-Ludwigs-Universität Freiburg (Institut für Ausländisches und Internationales Privatrecht), and the Cornell-Paris I (Sorbonne) Summer Institute of International & Comparative Law. He is also Secretary General of the Danish Committee for Comparative Law (Association Internationale des Sciences Juridiques.
Ketilbjorn Hertz is Senior Consultant with the Danish Ministry of Justice, which he joined in 1997, and in that capacity he has participated in the drafting of important legislation, including the Bill, which led to the adoption of the Danish Arbitration Act 2005 He received degrees from the University of Copenhagen, B.A. in law in 1991, cand.jur. in 1993, B.A. in French in 1998, and Ph.D. in law in 1998.
4.1. GENERAL INTRODUCTION
The special procedures applicable to the extraterritorial service of process as well as to the taking of evidence outside the forum territory are the subject of two international treaties concluded under the auspices of the Hague Conference on Private International Law. Both the Hague Service Convention of 1965 and the Hague Evidence Convention of 1970 have been widely ratified, inter alia, by the United States and by most EU Member States. Although these two Hague Conventions deal with separate procedural issues, they are linked by a number of common problems of interpretation and by important concerns of comity:1 the recognition which one nation extends within its own territory to the legislative, executive, or judicial acts of another.2
The EU Service Regulation (in force in all EU Member States) and the EU Evidence Regulation (in force in all EU Member States except Denmark) have both been tailored to meet special European needs. These EU Regulations, which supersede the corresponding Hague Conventions in the relations between the EU Member States (except, as regards the Evidence Regulation, Denmark), are more fully described below.3
4.1 General Introduction