24May

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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04Jan
By: Tom & Karina On: January 4, 2017 In: Legal News, Service of Process Comments: 0

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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19Dec
By: Aaron On: December 19, 2016 In: Service of Process, Translation Comments: 0

The majority of lawsuits involving defendants located abroad in non-English-speaking countries eventually require the work of a skilled translator.

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19Dec

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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19Dec
By: Aaron On: December 19, 2016 In: Service of Process Comments: 0

Many believe that there are “formal” and “informal” methods of service recognized under the treaty. However, this classification is a myth.

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19Dec
By: Phil On: December 19, 2016 In: Service of Process Comments: 0

Many attorneys approach LLS with questions about serving process on defendants who are located in “unincorporated, organized territories” of the US.

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19Dec
By: Phil On: December 19, 2016 In: Immigration Issues, International Law, Legal News, News, Service of Process Comments: 0

Looking back on the actual effects of NAFTA after 20 years, it appears to have met some of its goals, while other problems it was designed to solve still exist.

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19Dec
By: Phil On: December 19, 2016 In: Service of Process Comments: 0

When dealing with international service of process, attorneys should be cognizant of the different rules regarding waiver of service by defendants.

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19Dec
By: Aaron On: December 19, 2016 In: Evidence Taking, International Law, Service of Process Comments: 0

Although the hundreds of legal systems in the world differ greatly, their roots and differences can be traced to two distinct sources: the English common law, which has evolved over a millennium, and the Napoleonic Code, which dawned at the turn of the 19th century.

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19Dec
By: Aaron On: December 19, 2016 In: Service of Process Comments: 0

In many civil law systems, particularly in continental Europe, service of process is most commonly carried out by special officers of local courts. The French Huissier de Justice and Dutch Gerechtsdeurwaarder are respected members of the legal profession in France, Luxembourg, Belgium, the Netherlands and Québec.

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