TL;DR
The South Korean judiciary refused xAI’s Hague Convention letter seeking documents from Kakao, calling the request overly broad and outside Korea’s declared scope under the convention. xAI had sought wide-ranging materials to support its claim that Apple’s App Store rules block competition from super apps.
What happened
xAI, the company tied to Elon Musk, used a Hague Convention letter of request to seek documents from several Asian “super app” developers, including Kakao, as part of its lawsuit against Apple. The materials requested were broad, covering emails, presentations, financial and strategic records, App Store rankings, plans for generative AI integration, and analyses of how super apps affect users switching smartphones. This week the Director of International Affairs at the Supreme Court of the Republic of Korea, Kim Eun Sil, informed xAI that Korea would not execute the letter under Article 5 of the HCCH 1970 Evidence Convention. The response noted Korea’s Article 23 declaration that it will not process letters aimed at pre-trial discovery and said evidence requests must identify specific materials rather than seeking allrelated documents. The decision leaves open the possibility of proceeding if xAI submits a narrower, more detailed request.
Why it matters
- It limits xAI’s ability to use the Hague Evidence Convention to obtain broad pre-trial discovery from Korean-based companies.
- The ruling highlights legal constraints on cross-border evidence gathering that could affect the strategy of antitrust or platform-related suits.
- If xAI cannot obtain these documents, it may have to rely on other evidence or narrower, jurisdiction-compliant requests.
- The outcome underscores regulatory and procedural hurdles facing efforts to challenge major platform policies outside domestic courts.
Key facts
- The Directorate of International Affairs at Korea’s Supreme Court communicated the refusal in a formal letter signed by Kim Eun Sil.
- Korea cited Article 5 of the HCCH 1970 Evidence Convention and its Article 23 declaration as the basis for not executing the request.
- Korea has declared it will not execute Hague Convention letters issued to obtain documents for pre-trial discovery purposes.
- xAI had sought documents from Kakao covering financials, App Store rankings, revenue models, and the incorporation of generative AI, among other items.
- xAI’s definition of 'Documents' in its requests included emails, presentations, notes, analyses, agreements, product design documents, and related metadata.
- xAI previously sent similar letters to other Asian super app developers, including an attempt to request materials from Alipay in China.
- The matter stems from xAI’s lawsuit alleging that Apple’s App Store rules unlawfully restrain super apps and that Apple’s partnership with OpenAI strengthens that restraint.
What to watch next
- Whether xAI submits a narrower, more specifically targeted letter of request that complies with Korea’s interpretation of the convention (the source says xAI will need to be much more specific).
- Whether Kakao will voluntarily produce any documents in response to xAI’s outreach (not confirmed in the source).
- How other jurisdictions respond to similar Hague Convention requests from xAI, including any actions concerning Alipay in China (not confirmed in the source).
Quick glossary
- Hague Evidence Convention (HCCH 1970): An international treaty that provides procedures for obtaining evidence across borders in civil or commercial matters.
- Pre-trial discovery: The process by which parties in a legal case gather evidence from each other before trial; scope and procedures vary by jurisdiction.
- Super app: A mobile application that bundles multiple services—such as messaging, payments, transportation, and commerce—into a single platform.
- Generative AI: A class of artificial intelligence systems that can produce text, images, or other content based on learned patterns from data.
Reader FAQ
Why did South Korea refuse xAI’s request?
Korea said the Hague Convention request was overly broad and cited its declaration not to execute letters seeking documents for pre-trial discovery.
What types of documents did xAI seek from Kakao?
xAI requested a wide range of materials, including emails, presentations, financial analyses, App Store ranking data, agreements, product documents, and records on planned AI integration.
Does this decision stop xAI’s lawsuit against Apple?
Not confirmed in the source.
Was Kakao ordered to hand over documents by Korean authorities?
Not confirmed in the source.
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Sources
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