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This year's Special Issue of the Comparative Law Yearbook of International Business is devoted to the topic of international judicial assistance. Bringing proceedings & obtaining & enforcing judgement... is not an easy process under ordinary circumstances, but this is further complicated if the defendant falls within the jurisdiction of another state. For reasons of state sovereignty & international relations, defendants in foreign states--whether citizens or business ventures--cannot be proceeded against in the same way as a country's own nationals. Initiating proceedings against someone who is abroad requires the permission, & often the assistance, of the authorities of the foreign state. Assistance is needed especially in relation to, inter alia, the service of documents, discovery & the taking of evidence from parties or witnesses to the proceedings. Due to the ever-increasing volume of international trade being undertaken in today's society, joint ventures & business contracts now involve parties from all over the globe. In any business arrangement, there is the possibility that the need for litigation will arise, & multi-national ventures are no exception. There is, therefore, a large number of commercial actions brought which require assistance from the authorities of other states. Personal disputes requiring international judicial assistance are also on the rise. With the aid of improvements to international travel & communication, many people are able to conduct their private lives between various different countries. This means that private disputes, for example the abduction of children, may involve parties of various nationalities. In order to pave the way for these & other proceedings, a number of multinational treaties have been entered into, which lay down guidelines as to the assistance to be given to foreign judicial systems. These include the Hague Service Convention, the Hague Evidence Convention, & the Brussels & Lugano Conventions. In addition, many countries have entered into bilateral treaties based upon the principle of reciprocity. This book explores the rights of countries to request assistance & their rights to refuse assistance. It covers the methods by which assistance may be obtained, for example through the judiciary or through diplomatic channels, & the issue of sovereign immunity. Also, this work discusses the use of letters rogatory, an important tool in the obtaining of assistance abroad, & raises the issue of differences between common law & civil law jurisdictions, especially with regard to the process of discovery of evidence. 続きを見る
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