When Ted asked me to offer thoughts on developments in IJA in the coming decade, it took no brainstorming to come up with a topic. I drew from a panel at the Peace Palace in The Hague some 137 years ago (before a microbe obliterated travel), which Ted moderated. The topic of the conference: innovation under the Hague Service Convention. Ted’s Talk topic: the use of email (see the second video here) in service of process.
I offer not so much a prediction as an argument for the decade to come. Whether it will come to pass, I don’t know, but the idea of electronic service (i.e., electronic service directly to defendants)
should must be embraced worldwide, at least in countries that do not object to Article 10(a). Where 10(a) opposition is declared, authorities should provide a means of electronic submission of Article 5 Requests—as is already available here in the United States, in the People’s Republic of China, and in one of the newest Service Convention countries, the Philippines. (more…)