Service of Process in Non-Treaty Countries
The Hague Service Convention and Inter-American Convention on Letters Rogatory and Additional Protocol are the only two multi-lateral treaties regulating international service of process to which the US is signatory. Consider:
- 56 countries have signed on to the Hague Convention.
- 17 countries are signatory to the Inter-American Convention.
- 4 countries, Argentina, Mexico, the United States and Venezuela, are members of both treaties.
That leaves nearly 125 countries world-wide that are not a member to any treaty regulating service of process upon foreign defendants by US plaintiffs. Of those 125 countries:
- Many are developing countries in Africa and elsewhere: Nigeria, Liberia, Angola, Zimbabwe, Jamaica
- Many are in the Middle East (except for Kuwait, no Middle Eastern country has signed on to the Hague Service Convention): Iraq, United Arab Emirates, Saudi Arabia, Egypt, Iran
- Same are former Soviet territories: Armenia, Belarus, Kazakhstan.
- Some are financial protectorates like Vanuatu
- Austria and Malta are the only two European Union countries not to have signed on to the Hague Service Convention
- China, Japan and South Korea are Hague Convention countries, but Taiwan, Singapore and Malaysia are not
In countries where no treaty is in effect, the fall-back provision for valid service of process is service via letter rogatory. A letter rogatory is a court-to-court pleading requesting judicial assistance in some form, such as service of process or evidence-taking. Depending on the country, letters rogatory can require six months to two years or more for execution. They are an expensive, time-consuming procedure that should only be followed when absolutely necessary. LLS can assist you with preparation and execution of letters rogatory where required, such as in Austria and Taiwan.
Meanwhile, some countries such as Australia and Jamaica explicitly permit service of process via private process server. Thus, service via private process server carries the same weight as service via letter rogatory and shouldn’t endanger later efforts at enforcement of judgment.
Please contact LLS at 800-755-5775 for more information.
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