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HCCH A|Bridged Edition 2019 HCCH a|Bridged Edition 2019 The HCCH Service Convention in the Era of Electronic and Information Technology 11 December 2019 The Hague (Netherlands) Hague Conference on Private International Law – Conférence de La Haye de droit international privé HCCH a|Bridged Edition 2019: The HCCH Service Convention in the Era of Electronic and Information Technology Published by The Hague Conference on Private International Law – HCCH Permanent Bureau Churchillplein 6b 2517 JW The Hague Netherlands +31 70 363 3303 +31 70 360 4867 [email protected] www.hcch.net © Hague Conference on Private International Law, November 2020. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Permanent Bureau of the Hague Conference on Private International Law. This publication has not been formally edited. Published in The Hague, the Netherlands FOREWORD We live in a world of private international law. A world that is increasingly interdependent, filled with cross-border interactions, transactions, relations, and litigation. The work of the HCCH has never been more important. The bridges we build across the world have never been more important. This being said, for our work to continue to be relevant – for the bridges to be able to support new forms of traffic – we need to take technical developments into account and assess whether or not HCCH Conventions evolve with their time. It is against this background that I am particularly pleased to present the post-event publication of the inaugural HCCH a|Bridged event. The HCCH a|Bridged event concept is a novel set up, which illustrates how dynamic, innovative and young the HCCH is, more than 125 years after its inception. The event resulted in this exciting publication on a topic dear to my heart – the intersection of new technology and law. The HCCH a|Bridged series allows us to continue and deepen our discussions on the use of modern technology in the context of the work of the HCCH. These discussions started 20 years ago at the 1999 Geneva Roundtable. The success and longevity of the HCCH Conventions not only result from their ability to facilitate effective, practical justice to all by simplifying and streamlining procedures, but also, and maybe in particular, from their technology neutrality. It is this neutrality that enables HCCH Conventions to embrace new developments and new technologies to pass the test of time, and to adjust effectively to changing environments. The HCCH 1965 Service Convention is no exception. Contributions from our speakers at the HCCH a|Bridged Edition 2019 event, which are memorialised in this publication, illustrate how practices under the Service Convention have evolved to best employ communications and information technology, as well as what can be anticipated in the area of cross-border service and international civil procedure more generally. All this not only is in line with the HCCH’s Strategic Report 2019-2022, it also contributes to achieving the UN Sustainable Development Goals (SDGs), in particular SDG 16 on ‘peace, justice and strong institutions’. The HCCH itself is a strong institution, and through its sturdy yet practical legal frameworks, the HCCH contributes to effective peace and justice, to reinforce the rule of law and to provide for effective access to justice. SDG 16 is intertwined with the international legislative process to which the HCCH greatly contributes. Sound and effective multilateralism – that is what the HCCH stands for. I would like to take this opportunity to renew my sincere thanks to all those who contributed to the successful organisation of the HCCH a|Bridged Edition 2019 event on 11 December 2019. First, to the Federal Ministry of Justice and Consumer Protection of Germany, which provided a voluntary contribution that enabled us to bring this project to fruition. My thanks as well to our other generous sponsors, Ropes & Gray LLP, and AVEQ Group. At the Permanent Bureau, the 2019 event and this publication were conceptualised and brought to life by Dr Gérardine Goh Escolar (First Secretary), with strong legal and practical support provided by Brody Warren (Attaché to the Secretary General/Senior Legal Officer), Elizabeth Zorrilla (Legal Officer), Raquel Salinas Peixoto (Legal Officer), my colleagues from the administrative team, as well as our interns. It gives me great pleasure to present to you the HCCH a|Bridged publication on the HCCH 1965 Service Convention in the Era of Electronic and Information Technology – the first edition of what will hopefully become a series. The HCCH – growing from strength to strength. Dr Christophe Bernasconi | Secretary General, HCCH TABLE OF CONTENTS I. The Prism: The Tech Battle for e-Service ....................................................................................... 6 Email as a secure means of transmission under the HCCH Service Convention ........................................................................................................................................................ 7 Theodore J. Folkman Use of an electronic platform for communication and transmission between Central Authorities in the operation of the HCCH Service Convention ..................................................................................................................................................... 14 Katerina V. Ossenova Reflections on the use of distributed ledger technologies for the purpose of the HCCH Service Convention ........................................................................... 20 Emma van Gelder and Erlis Themeli Nationally developed IT systems and the HCCH Service Convention ........................ 26 Florian Heindler II. The Lab: All Across the World ............................................................................................................. 35 England and Wales ................................................................................................................................... 36 David Cook South Korea ................................................................................................................................................... 39 Yoon Jung Choi Brazil .................................................................................................................................................................. 41 Summary prepared by Lise Theunissen based on the presentation of Carlos Vieira Von Adamek III. The Open Lab: The Text of Tomorrow ............................................................................................ 43 Are you being served? Digitising judicial cooperation and the HCCH Service Convention ..................................................................................................................................................... 44 Xandra Kramer Launching the HCCH Service Convention into the Crypto Space ................................... 47 Florence Guillaume and Sven Riva Is the Service Convention ready for early retirement at age fifty-five? Or can it be “serviceable” in a world without borders? ......................................................... 58 Louise Ellen Teitz IV. HCCH Unplugged....................................................................................................................................... 67 Knowing me, knowing EU: Security and Data protection .................................................... 68 Marie Vautravers The importance of service of process ........................................................................................... 73 Aashna Bhikhari You’ve (still) got mail: Postal channels in the 21st Century ................................................... 76 Brody Warren EMAIL AS A SECURE MEANS OF TRANSMISSION UNDER THE HCCH SERVICE CONVENTION Trending on social media? # You’ve been served! ................................................................ 81 Christine Kalibbala Legal documents and chains of blocks: Transmitting and storing legal records via DLT............................................................................................................................................ 84 Summary prepared by Theophilus Edwin Coleman based on the presentation of Madi Saken Bridging the divide: The role of a scanned and printed document ................................ 87 Ellen M. Gilley From physical location to electronic address: Omnipresence in the era of the internet .................................................................................................................................................... 90 Nicolás Lozada Pimiento Conclusion ................................................................................................................................................................... 94 How many lightbulbs does it take to change a lawyer? Future-proofing the HCCH Service Convention in the Era of Electronic and Information Technology .................................................................................................................................................... 95 Gérardine Goh Escolar Annexes ....................................................................................................................................................................... 101 Summary Programme of HCCH a|Bridged Edition 2019: The HCCH Service Convention in the Era of Electronic and Information Technology – 11 December 2019, The Hague (Netherlands)
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