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

General Detail

General Information

  1. Type: Convention
  2. Date of signature:
  3. Place of signature: The Hague, The Netherlands
  4. Depositary:
  5. Date of entry into force: 07/10/1972

Category

Dispute resolution

Sub category

Judicial cooperation

Groups

HCCH

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.

  • Convention Relating to Civil Procedure (The Hague, 17 July 1905)
  • Convention Relating to Civil Procedure (The Hague, 01 March 1954)
  • Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters ( The Hague, 15 November 1965)
  • Convention on International Access to Justice (The Hague, 25 October 1980)

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Country ratifications
CountryRatification date
Albania16/07/2010
Argentina08/05/1987
Armenia27/06/2012
Australia23/10/1992
Barbados05/03/1981
Belarus06/10/2001
Bosnia and Herzegovina16/06/2008
Bulgaria23/11/1999
China08/12/1997
Colombia13/01/2012
Costa Rica16/03/2016
Croatia01/10/2009
Cyprus13/01/1983
Czech Republic12/05/1976
Denmark20/06/1972
Estonia02/02/1996
Finland07/04/1976
France07/08/1974
Germany27/04/1979
Greece18/01/2005
Hungary13/07/2004
Iceland10/11/2008
India07/02/2007
Israel19/07/1979
Italy22/06/1982
Kuwait07/07/2002
Latvia28/03/1995
Liechtenstein12/11/2008
Lithuania01/10/2000
Luxembourg26/06/1977
Macedonia (The former Yugoslav Republic of)19/03/2009
Malta24/02/2011
Mexico27/07/1989
Monaco17/01/1986
Montenegro16/01/2012
Morocco24/03/2011
Netherlands08/04/1981
Norway03/08/1972
Poland13/02/1996
Portugal12/03/1975
Republic of Korea14/12/2009
Romania20/10/2003
Russian Federation30/06/2001
Serbia02/07/2010
Seychelles07/03/2004
Singapore27/10/1978
Slovakia12/05/1976
Slovenia17/11/2000
South Africa08/07/1997
Spain22/05/1987
Sri Lanka30/10/2000
Sweden02/05/1975
Switzerland02/11/1994
Turkey13/08/2004
Ukraine01/04/2001
United Kingdom16/07/1976
United States of America08/08/1972
Venezuela01/11/1993
Treaties analysis
YearRatifications
19724
19741
19752
19764
19771
19781
19792
19812
19821
19831
19861
19872
19891
19921
19931
19941
19951
19962
19974
19991
20003
20013
20021
20031
20043
20051
20071
20083
20093
20102
20112
20123
20161
Total61
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