Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Tenth Anniversary Post: Aaron Lukken on the Future of IJA

Posted on January 12, 2021

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.

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Tenth Anniversary Post: Javier Ochoa on the Future of IJA

Posted on January 11, 2021

On the tenth anniversary of Letters Blogatory, my colleague Ted Folkman (to whom I express my admiration and gratitude for his brilliant and hard work with this blog) invited me to write some comments on international judicial assistance (IJA) ten years from now.

I am not drawing a line here between what I wish, what I suggest, and what I really think is going to happen.

The first thing I foresee in ten years is Letters Blogatory celebrating its twenties, with many more readers and a broader scope. It is already a worldwide source of information on the subject.

IJA’s relevance will increase. I don’t know if there is going to be more litigation, but I think that judicial and arbitral litigation will become more transnational and multipolar. Hence, ten years from now, IJA is going to be something that most practitioners will have to deal with.

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I Am Uninterested in Pearl-clutching

Posted on January 10, 2021

Anyone who thinks Twitter, Facebook, Amazon, etc. wanted to ban Donald Trump and other accounts promoting violent sedition from their platforms because these companies, among the largest in the world, are left-wing political partisans aimed at attacking conservatism is not seeing things straight. They have had years to ban him, and besides, having Mr. Trump and others inflaming passions on the internet is good for business. Anyway, in the long run, these companies want to host as much of the social media “conversation” as they can—the last thing they want, it seems to me, is to prompt the creation of an alternate social media ecosystem.

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