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HCCH - Hague Conference on Private International Law

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The Hague
HCCH - Hague Conference on Private International Law

The World Organisation for Cross-Border Cooperation in Civil and Commercial Matters

Since 1893, the Hague Conference on Private International Law (HCCH), a melting pot of different legal traditions, has developed and serviced Conventions which respond to global needs in international family and child protection, international legal cooperation and transnational litigation, and international commercial and financial law. Please note that the HCCH Permanent Bureau has neither the mandate nor resources to respond to individual requests for assistance. For information related to your enquiry, please visit our website: www.hcch.net.

14/09/2026

On 10 September, Dr Gérardine Goh Escolar, Deputy Secretary General of the HCCH, participated in the Private Client Business Journal Conference, hosted by King’s College London and Thomson Reuters in collaboration with Mishcon de Reya.

At the Conference, Dr Goh Escolar delivered a keynote presentation on the Note on the Application and Interpretation of Article 2 of the 1985 Trusts Convention and on the Institutions Analogous to Trusts, published by the HCCH in August 2026.

The Note, intended to serve as reference material for legal practitioners, was finalised by a Working Group established by the Council on General Affairs and Policy of the HCCH, building on preparatory work undertaken by the Permanent Bureau. Several members of the Working Group participated in the conference, including Filippo Noseda, who facilitated the session. The Conference provided an opportunity for the soft launch of the Note to its intended audience of practitioners and for an initial exchange on its application in practice.

Acknowledging the fundamental differences between legal systems, Dr Goh Escolar’s presentation considered how Article 2 of the 1985 Trusts Convention enables trusts and institutions analogous to operate across jurisdictions whose domestic laws may conceptualise such relationships differently. By delineating the scope of the Convention through structural characteristics rather than domestic labels, Article 2 of the Convention provides the common basis for different legal traditions, without requiring uniformity of substantive law. Her presentation also considered how Article 2’s focus on the underlying structure of a legal relationship may assist in considering new forms of asset-holding and organisation, including the possible application of trust structures in the digital and green economies.

The Note on Article 2 is available for download on the HCCH website: https://www.hcch.net/en/news-archive/details/?varevent=1165

For more information about the 1985 Trusts Convention, please visit: https://www.hcch.net/en/instruments/conventions/specialised-sections/trusts

14/09/2026

During his recent mission to Jamaica, Mr Ignacio Goicoechea, HCCH Representative for Latin America and the Caribbean, participated in a high-level plenary session on international child protection, convened by the Embassy of the United States of America in Kingston.

Mr Goicoechea delivered a presentation on the 1993 Adoption Convention in the context of Jamaica’s ongoing review of its legislation on child protection and adoption. In his intervention, he underscored the importance of ensuring that the best interests of the child serve as the guiding principle in child protection proceedings, and emphasised the value of strengthening cooperation mechanisms to ensure the effective protection of children.

The plenary session was attended by Jamaica’s Minister of Education, Skills, Youth and Information, Senator Dr Dana Morris Dixon; the President of the Court of Appeal, Justice Marva McDonald-Bishop; Court of Appeal Judge, Justice Lorna Shelly-Williams; and the Chargé d’Affaires of the U.S. Embassy, Mr Scott Renner, together with other representatives of agencies involved in child protection, the judiciary, civil society organisations, and other national and international stakeholders.

11/09/2026

This week, Mr Philippe Lortie, First Secretary at the HCCH, attended the 19th World Conference of the International Society of Family Law (ISFL), held from 9 to 12 September in Istanbul.
The conference explored vulnerability in the context of family law, including through socio-economic inequality, domestic violence, child welfare concerns, ageing, disability, and mental health issues.

Mr Lortie participated in the opening keynote panel, titled “Addressing Vulnerability in Family Law: Institutional Perspectives and Collaborative Pathways”, along with Ms Teresa Rodríguez de Las Heras Ballell (President of the European Law Institute) and Alice Meier-Bourdeau (President of the European Chapter of the International Academy of Family Lawyers).

Each panellist presented their organisation’s approach to addressing vulnerability in family law and discussed pathways for collaboration with other organisations, including within government, academia, and NGOs. The discussion was moderated by Frederik Swennen (President of the ISFL).

Taking a broad approach to vulnerability Mr. Lortie stated that “by definition, children are vulnerable persons as they depend on the care of adults, may be in alternative care arrangements, or without care. However, it is important to remember that while children are vulnerable, children are rights-holders with evolving capacities, whose views, dignity and participation should be respected”. In his remarks, Mr Lortie provided examples of vulnerabilities concerning children addressed by HCCH Conventions. These included children who, in an international context, are without care arrangements, children subject to cross-border sale or trafficking, children affected by cross-border family disputes, children deprived of contact with a parent living in another State, or children internationally displaced due to disturbances occurring in their country, among other situations. Mr Lortie also provided examples of vulnerabilities concerning adults in cross-border situations, for example adults in need of support to exercise their legal capacity or in need of protection from domestic violence.

Mr Lortie’s presentation concluded by highlighting the various forms which collaboration between the HCCH and other organisations can take, including joint efforts to raise awareness of the HCCH Conventions, provision of trainings and other forms of technical assistance, and the sharing of expertise and knowledge, among many others. He also made reference to the participation of civil society representatives and persons with lived experience in relevant HCCH meetings and fora.

07/09/2026

🏦🪙From 1 to 4 September 2026, the Experts’ Group (EG) on Central Bank Digital Currencies (CBDCs) held its sixth working meeting.

Pursuant to its mandate (C&D No 10 of CGAP 2026), the EG continued to make progress in its study of the jurisdiction and applicable law issues raised by the cross-border use and transfers of CBDCs, including the desirability and feasibility of a possible future instrument on these issues, with particular attention to their use in payments with a cross-border or international element.

The EG adopted its Final Report by consensus, in which it agreed that further work towards a private international law (PIL) framework for cross-border digital payments is both desirable and feasible.

The EG also continued its discussion of the text of the draft Explanatory Guidance. This is a non-binding and informative document intended to facilitate a shared understanding between PIL experts and technical and other stakeholders in the design and implementation of CBDCs, while supporting ongoing projects and the development of relevant legal frameworks across jurisdictions.

👉 For more information, please visit: https://www.hcch.net/en/news-archive/details/?varevent=1166

04/09/2026

🇨🇱 This week, Dr Christophe Bernasconi, Secretary General of the HCCH, delivered pre-recorded remarks at an event celebrating the tenth anniversary of the entry into force of the 1961 Apostille Convention in Chile.

Chile acceded to the Apostille Convention in 2015, and the Convention entered into force for Chile on 30 August 2016. Since then, more than ten million Apostilles have been issued in Chile. In his remarks, Dr Bernasconi congratulated the Government of Chile on its remarkably successful implementation and operation of the Apostille Convention. Among the strengths of Chile’s approach, Dr Bernasconi noted its early implementation of e-Apostilles and an e-Register, the issuance of Apostilles free of charge, and its decentralised system.

Chile’s experience over the past decade demonstrates the significant results that can be achieved through the effective implementation of the Apostille Convention and the e-APP, making document authentication simpler, more accessible, and more secure for all parties.

04/09/2026

🗓️Save the date! “Training Tomorrow’s Lawyers”, a conference in sponsorship of the International Child Abduction Database (INCADAT), will be held in London on 14 January 2027.

The conference is organised by Dawson Cornwell and Harcourt Chambers, with the support of the Permanent Bureau of the HCCH.

ℹ️Further information regarding the programme and registration will be announced shortly.

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01/09/2026

On 21 August 2026, the HCCH Regional Office for Asia and the Pacific and the Hong Kong International Legal Talent Training Academy co-hosted the Workshop on Use of International Legal Instruments in Cross-Border Commercial Disputes and in the Digital Economy, held on the margins of the APEC 2026 Third Senior Officials' Meeting. The workshop was attended by around 40 government officials, scholars, and legal professionals from APEC economies.

The workshop opened with a discussion on the modernisation of the cross-border authentication of public documents through the electronic Apostille Programme (the e-APP). Speakers noted the surge in issuance following the implementation of the e-Apostille in their jurisdiction (Hong Kong SAR, China); highlighted the benefits of Verifiable Digital Credentials for near-instant verification (Singapore); and explained how the e-Apostille has been embedded within broader digital transformation efforts (Philippines). They also underscored the e-APP’s contribution to facilitating international trade and strengthening document security.

Attention then turned to streamlining transnational litigation. Speakers from Indonesia, Macao SAR (China), the Republic of Korea, and Thailand highlighted the significant contribution of the Service and Evidence Conventions, which have largely replaced slower diplomatic channels with more efficient and streamlined procedures. Looking ahead, they noted that the challenges of the digital era —from unlocatable defendants to cloud-based evidence — call for an embrace of technological solutions, including e-service and video-link, to facilitate the transmission and ex*****on of requests for service and the taking of evidence.

The discussions also covered broader digital developments, with experts exchanging views on the Trusts Convention’s application in the context of cryptocurrencies and AI, as well as on Digital Product Passports, cross-border crypto disputes, smart contracts and DAOs.

Across the board, the discussions highlighted how existing instruments can provide legal certainty in the digital era and encouraged concerted regional engagement in shaping international legal frameworks.

01/09/2026

Last week, First Secretary Philippe Lortie and Legal Officer Nietta Keane attended the Third Expert’s Meeting (EMIII) on “International Child Abduction - Nurturing the 1980 Hague Convention: Existing and Future Strategies”, held at the University of Westminster, London, on 26-28 August 2026. EMIII was co-convened by Professors Marilyn Freeman and Nicola Taylor.

Like its previous iterations, EMIII brought together a wide variety of experts and practitioners to discuss the operation of the 1980 Convention, including judges, lawyers, psychologists as well as representatives from civil society and non-governmental organisations.

Participants discussed asylum, domestic abuse, identity and child participation as they relate to international child abduction, exchanged good practices on prevention, and considered how relocation as well as proper after-care following the conclusion of return proceedings can affect the experience of the families involved. Discussions also highlighted the need for further interdisciplinary research into the outcomes of both return and non-return decisions to inform the work of relevant actors, including judges. The final day of EMIII was devoted to discussing practical and creative solutions, with a focus on how all stakeholders can assist in the continued nurturing of the 1980 Convention. Participants discussed various components of this “continued nurturing” in breakout groups, with each group diving into one of the several issues addressed during the meeting. Groups then presented their ideas and strategies to the plenary.

First Secretary Lortie spoke to participants about how the international community can help in the lead-up to the next Special Commission on the practical operation of the 1980 and 1996 Conventions. Legal Officer Keane served as the meeting rapporteur.

31/08/2026

On 28 August, Dr Gérardine Goh Escolar, Deputy Secretary General of the HCCH, participated in the workshop “Central Bank Digital Currencies in Legal Perspectives”, held at the Max Planck Institute for Comparative and International Private Law in Hamburg.

The workshop examined the legal implications of Central Bank Digital Currencies (CBDCs) at the convergence of public and private law, with the aim of deepening scholarly understanding of the institutional and legal frameworks necessary for the development and governance of CBDCs.

It was organised by the institute with the support of Koç University, Philipps-Universität Marburg, and the Institut für das Recht der Digitalisierung, in the context of the research project “Central Bank Digital Currencies from a Legal Perspective”, funded by the Scientific and Technological Research Council of Türkiye (TÜBİTAK).

At the start of the workshop, setting the stage for the panel discussions ahead, Dr Goh Escolar delivered a keynote address titled “The Legal Architecture for Central Bank Digital Currencies: How the Cross-Border Dimension Is Reshaping Digital Money”. Dr Goh Escolar’s keynote focused on the private international law issues arising from the cross-border use of CBDCs and the need to complement technical interoperability with legal interoperability. The outcomes of the conference will also be reported to the HCCH Experts’ Group on CBDCs at its sixth meeting, which will be held from 1 – 4 September 2026.

More information on the HCCH’s CBDCs Project is available here: https://www.hcch.net/en/projects/legislative-projects/cbdcs

28/08/2026

This week, Dr Ning Zhao, Principal Legal Officer at the HCCH, participated in the International Conference on Balancing Creditor Rights and Debtor Protection in Modern Civil Enforcement Systems, hosted by the Ministry of Justice in Thailand from 26 to 28 August.

At the conference, Dr Zhao took part in a panel discussion on cross border enforcement through international cooperation, along with Professor Wisit Wisitsora-At, Chairman of the Securities and Exchange Commission of Thailand, Mr Nelinho Vital, Director General of Justice Policy Affairs at the Ministry of Justice of Timor-Leste, and Mr Patrick Gielen, Secretary General of the International Union of Judicial Officers.

The discussion, moderated by Ms Sarinya Panomwan Na Ayudhya, Legal Officer in Practitioner Level at the Ministry of Justice of Thailand, examined issues such as mutual recognition of foreign judgments, inter-agency coordination, and information exchange, as well as challenges in tracing assets across jurisdictions, the use of digital tools to improve efficiency, and the protection of parties’ rights.

Dr Zhao’s intervention examined the practical relevance of the 2019 Judgments Convention in the context of cross-border asset recovery, where it provides framework for judgments issued in one jurisdiction to be recognised and enforced in other jurisdictions.

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