The single provision of the Hague Service Convention most litigated by US attorneys is service of process upon foreign defendants by mail. Hundreds of cases have dealt with the propriety of mail service resulting in a variety of holdings and a clear circuit split.
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SCOTUS recently ruled that in order to trigger FSIA’s expropriation exception to jurisdiction, a violation of international law is necessary.
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Whether your litigation is ultimately successful may turn on whether service of the originating process is properly effected and whether you are able to secure needed evidence located overseas. After 30 years of experience, LLS has compiled ten tips for successful cross border litigation.
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In the US, the Hague Convention’s use of the word “send” rather than “serve” almost immediately created a split in the Circuit Courts over whether documents “sent” via article 10(a) to a foreign defendant constituted valid service of originating process.
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Every four to five years, the Hague Conference on Private International Law convenes a Special Commission Meeting to review issues associated with the practical operation of the Hague Service and Evidence Conventions.
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Service of US process upon foreign defendants must meet certain requirements. If requisite standards are not met, a foreign defendant may be able to successfully challenge the service.
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Service of process upon military personnel overseas is tortured by complications. Find out why.
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Prior to the Apostille Convention, legalization of documents made international service of process an even more burdensome undertaking.
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Since 2003, the Russian Central Authority has refused to execute Hague Requests submitted by US litigants. Russia’s refusal stems from its objection to the United States’ imposition of a fee for executing Hague Requests seeking service upon US defendants.
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