The UIHJ was invited to participate in this special commission as an observer and a member of the working group on the manuals for the Hague Conventions on the service of documents and Evidence. It was represented by its president, Leo Netten, and its first secretary, Mathieu Chardon, as well as two representatives of the National Association of Professional Process Servers (NAPPS), Gary Crowe and Celeste Ingalls.
The Working Group on the handbooks on Service and Evidence Conventions had met in January 2014 (
see article on our site).
It is in this context that the Special Commission met at The Hague Academy of International Law at the Peace Palace in The Hague (Netherlands). It gathered 130 participants from 53 states as well as representatives of the European Commission and observers.
The purpose was to review the practical operation of the three conventions:
- The Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters (Service Convention);
- The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (Evidence Convention);
- The Hague Convention of 25 October 1980 on International Access to Justice (Access to Justice Convention).
The purpose was also preparing a draft new edition of the Practical Handbook on the operation of the Evidence Convention and a draft updated edition on the Practical Handbook on the operation of the Service Convention, two documents prepared by the Permanent Bureau of The Hague Conference in consultation with contracting states to both conventions. Paul Vlas, President of the Netherlands Standing Government Committee on Private International Law, welcomed all participants and wished them fruitful work. He said that the Special Commission on the Service convention met five times between 1977 and 2009.
Christophe Bernasconi, Secretary General of the Hague Conference, wished in turn welcome to all participants. He noted the Service Convention is in force in 68 states, the Evidence Convention in 58 States, and the Access to Justice Convention in 26 States. Over 38,000 applications are processed each year on the basis of the Service convention, the second most commonly used convention, after the Apostille Convention. He announced that the Common Wealth, present at the Special Committee had decided to encourage its members to use the Service and Evidence conventions. He thanked the countries and those who have participated in meetings as experts on the work on the two Conventions and new Handbooks, including the UIHJ.
The meeting was chaired by William Fritzlen, Attorney Advisor, U.S. Department of State, Washington, DC (USA), assisted by Mayela Celis and Alexander Kunzmann, both Senior Legal Advisors to the Permanent Bureau of the Hague Conference.
During four days, participants discussed the many items on the agenda relating to the practical operation of the three conventions. During the meeting, the first secretary of the UIHJ recalled that the UIHJ was at the initiative of the 1965 Service Convention, allowing judicial officers to send to other judicial officers direct requests for service (Article 10 b). He stressed that the UIHJ was promoting this instrument at every opportunity, especially in Africa where it is little used, in association with Mr. Bernasconi.
Amongst the discussions, the participants widely debated the case where the addressee as no known address, which prevents the use of the Service Convention, as well as the fictitious service, a recurring theme also within the European Regulation on Service of documents (Regulation 1393/2007).
Four days of debate and open discussions have helped to shed light on some issues which created difficulties for some states and thus better understand the conventions. Conclusions and recommendations were drafted and adopted at the end of the meeting. They will be soon available on the website of the
Hague Conference.
