01Aug

If the nation-state is on its way out, is it time for international law attorneys to rethink international service of process?

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26Jul

Attorneys tend to think that the international service of a subpoena is analogous to international service of process. In reality, though, the two are quite different.

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18Jul

Legal Language Services and other Hague Convention member countries have noticed that the time required to effect service of process in China via the Chinese Central Authority has substantially increased in the last six to nine months and currently is in excess of a year.

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14Jul
By: Tom & Karina On: July 14, 2017 In: International Litigation, Service of Process Comments: 0

A not uncommon issue arising with international service of process under the Hague Service Convention is what an attorney should do when a Central Authority or foreign court rejects service upon a defendant. In re Takata, MDL No. 2599 (S.D. Fla. 2017), the special master appointed to review this...

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05Jun

Most federal courts require plaintiffs to attempt service via the Treaty before the courts are willing to authorize service by other means. But a recent judicial order makes it clear that Rule 4 is not explicitly hierarchical.

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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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