January 23, 2019 Practice Points

The Hague Conference Guide on the Use of Video Links

By S. I. Strong

The Hague Conference on Private International Law has just released a draft of its upcoming Guide to Good Practice on the Use of Video-Links Under the Evidence Convention. The draft will be voted on in March 2019.

In the words of its authors:

This Guide analyses developments in relation to the use of video-link in the taking of evidence under the Evidence Convention, including references to internal law and other international agreements. It also outlines good practices to be followed and reflects additional information provided by Contracting Parties in their respective Country Profiles.

The guide is extremely helpful, both in a practical and legal sense, advising readers of the types of preliminary steps that must be completed prior to the video session and outlining various technical considerations. Although the Hague Evidence Convention is not binding in arbitration, neutrals, and advocates would be well advised to take these principles into consideration.

S. I. Strong is the Manley O. Hudson Professor at the University of Missouri, School of Law in Columbia, Missouri.

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