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In many situations, parties to an international litigation must rely upon and introduce in court proceedings public documents (such as certificates of incorporation; birth, death, or marriage records; deeds and transfers of property; business licenses) and business records (bills of sale, trademark applications, assignments of patent, etc.) from a foreign jurisdiction. Typically, such documents must be formally authenticated or certified before they can be accepted by the court. Because the relevant requirements and procedures frequently differ sharply from one country to another, the international practitioner is often challenged to determine exactly which procedure to follow in preparing documents from abroad for use in a legal proceeding. This chapter describes the differing approaches under national law for the formal authentication or certification of documents from one national jurisdiction so they can be recognized and accepted in another. It outlines the problems with “chain legalization” and the requirements and benefits of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention). |
