International procedural law in cases involving cross-border litigation

With the increasing internationalization of many areas of life, international procedural law is playing an ever more important role in legal disputes.

Globalization, internationalization, and European integration have transformed many areas of life. This is equally true for private life as it is for commercial life. Naturally, they have also had an impact on case-law dealing with cross-border litigation. We at the commercial law firm MTR Rechtsanwälte note that both a thorough understanding of international rules and regulations as well as expertise in the field of international procedural law are necessary in this context.

Internationalization has implications for nearly every field of law, whether it is concerned with regulating commercial and business relationships or private life, e.g. divorces in cases involving international marriages or inheritance matters with a foreign connection.

For the purpose of resolving cross-border disputes, whether domestic regulations or legislation from the other country applies is, of course, highly significant. The choice of jurisdiction may be important as well. International procedural law also attaches great importance to the service of documents. These can serve as the basis for initiating court proceedings or set in motion important time limits. By serving a document, the recipient is given the chance to acknowledge it and the sender is entitled to proof of said acknowledgment.

The service of judicial and extrajudicial documents within the European Union is governed by Regulation (EC) No. 1393/2007, the application of which is not limited to civil and commercial affairs but also extends to family matters and insolvency proceedings. Alternatively, the service of documents can take place according to the Hague Service Convention. Unlike Regulation (EC) No. 1393/2007, this requires the service of documents to be accompanied by a translation. In most cases, a translation of the complaint or petition is sufficient.

The coronavirus pandemic is expected to give rise to an increase in the number of international legal disputes due to business partners not being able to fulfill their contractual obligations. In this context, international procedural law assumes even greater significance, with the proper service of documents having a major impact on the course of litigation. Lawyers with experience in the field of international procedural law can offer advice.

https://www.mtrlegal.com/en/legal-advice/litigation/service-of-process.html