The Hague Evidence Convention – officially the Convention On the Taking of Evidence Abroad in Civil or Commercial Matters – was realized in 1970 by The Hague Conference for Private International Law. The Convention gave rise to several differences of opinion between Europe and the United States. The European countries and the United States, in particular, disagree about the (optional or obligatory) character of the convention-procedures. This article will, among other things, deal with the consequences to be expected in The Netherlands of a recent American Supreme Court judgement on this issue: The Aérospatiale case1. The subject will be treated in five sections: 1.The Hague Evidence Convention; 2.The Netherlands and The Hague Evidence Convention; 3.Consequences of the Aérospatiale-case for The Netherlands; 4.Consequences of the Aérospatiale-case for Dutch parties involved in litigation in the UnitedStates; 5.Aérospatiale and conclusion.
The Netherlands Standing Government Committee on Private International Law
