Reaching across borders

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The Hague Evidence Convention has streamlined the collection of evidence in cross-border cases, say Dhruv Anand, Achuthan Sreekumar and Udita Patro of Anand and Anand

The Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, more commonly known as the Hague Evidence Convention, aims to provide an effective means of reconciling differences between civil law and common law systems with respect to the taking of evidence, so as to improve judicial cooperation between member countries in civil and commercial matters.

Dhruv Anand
Dhruv Anand

The convention streamlines procedures for the taking of evidence. It allows the court of a contracting state (where a civil action is pending) to send a letter of request to a competent authority of another contracting state (within whose jurisdiction the evidence sought lies), to request the authority to obtain evidence that it needs.

By allowing this direct contact between the court in a contracting state and a competent authority in another state the convention effectively eliminates the need for obtaining evidence through cumbersome diplomatic channels.

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Dhruv Anand is a partner of Anand and Anand, where Achuthan Sreekumar and Udita Patro are senior associates. Dhruv Anand can be contacted at dhruv@anandandanand.com or by telephone on +91 120 4059300.

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