Obtaining Evidence Abroad In Cross-Border Disputes

With the rapid growth of commercial and investment activities in the Asia-Pacific region, the number of cross-border disputes has increased correspondingly. Given its prominent role in the international commercial market, Hong Kong has taken a fair share of these cross-border disputes, whether being the forum of dispute resolution or where the parties or assets are located. An important aspect of cross-border litigation, with increasing occurrence in Hong Kong, is obtaining of evidence in a jurisdiction foreign to the forum of proceedings. This can take the form of the parties of legal proceedings in Hong Kong seeking to obtain evidence in a foreign jurisdiction, or vice versa.

Hong Kong is one of the 61 current contracting parties to The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters¹. Other contracting states include the United States and the United Kingdom. The Convention sets out a process by which letters of