Conceived at the 2nd conference of the JIN in New York City in September 2018 as one of four new initiatives of the JIN, the Modalities of Court-to-Court Communication (the “Modalities”) are the result of intensive deliberation by the JIN principally undertaken at the 3rd conference of the JIN held in Singapore on April 2019.
While the JIN Guidelines focus on the principles of court-to-court communication, the focus of the Modalities is on the mechanics for initiating, receiving and engaging in such communication. The Modalities thus prescribe the issues that need to be addressed to facilitate communication. These include arrangements as to the time, method and language of communication, the nature of the case (with due regard to confidentiality concerns) and whether the parties before the initiating court have consented to the communication taking place.
A key feature of the Modalities is the introduction of a facilitator. The role of the facilitator is primarily to initiate or receive communications on behalf of the initiating court or the receiving court where court-to-court communication is initiated. The Modalities recommend that the facilitator be a judge or an administrative official, and details of the facilitator be published on the court’s website. The Modalities also encourage that courts prominently list the language(s) in which initial communications may be made and the technology available to facilitate court-to-court communication.
Courts which decide to implement the Modalities may do so in such manner as they deem fit, such as through the issuance of practice directions or commercial guides, and with such modifications as may be necessary to suit local conditions.
Click here to download a copy of the Modalities.
The versions adopted by the following courts may be accessed in the links below:
Initially with effect from 25 July 2019 on interim basis. With effect from 1 February 2020 via an amendment to Rule 9029-2 of its Local Rules
The Grand Court of the Cayman Islands
with effect from 1 August 2019 via Practice Direction No. 2/2019
The United States Bankruptcy Court for the Southern District of New York
with effect from 4 September 2019 via General Order M-532
The United States Bankruptcy Court for the Southern District of Texas
with effect from 25 November 2019 via an amendment to Rule 2002-4 of its Local Rules
The Seoul Bankruptcy Court
with effect from 1 January 2020 via an amendment to its Procedural Guideline No. 504
http://slb.scourt.go.kr/rel/guide/cross/index_e.jsp and http://slb.scourt.go.kr/rel/information/qna/practice_rule.pdf
The Federal Court of Australia
with effect from 31 January 2020 via its amended Cross-Border Insolvency Practice Note: Cooperation with Foreign Courts or Foreign Representatives (GPN-XBDR)
The Supreme Court of Singapore
with effect from 19 June 2020 via Registrar’s Circular No. 7 of 2020