Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters

General Information

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What is it about?

The 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, adopted under the auspices of the Hague Conference, intends to improve mutual judicial cooperation in civil or commercial matters. The present instrument facilitates the transmission and execution of letters of request and furthers the accommodation of different methods used for this purpose. Chapter I of the Convention regulates letters of request to obtain evidence or to perform some judicial act. Such a letter can only be addressed for use in judicial proceedings already commenced or contemplated. Each Member State establishes a Central Authority exclusively competent for the reception of letters of request from other Member States and their transmission to the competent authorities. Chapter II defines the circumstances under which diplomatic officers, consular agents and commissioners have the right to take evidence within their functions in the territory of another Member State in aid of proceedings commenced in the courts of the state they represent.

Why is it relevant?

By determining the proper institutions to address letters of requests and the taking of evidence, the process is streamlined and dealt with in a timely more efficient manner.

Additional Information

The present Convention, along with the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the 1980 Convention on International Access to Justice, covers all the main aspects relating to international cooperation in civil and commercial proceedings, as covered by the 1905 and 1954 Conventions Relating to Civil Procedure, which the Conventions of 1965, 1970 and 1980 were intended to replace.

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