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When serving a foreign manufacturer, always issue service of process directly pursuant to the Hague Service Convention, Inter-American Convention on Letters Rogatory, or via an old-fashioned Letter Rogatory, unless you are certain the entity being served is a wholly-owned subsidiary.
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Tunisia is the newest signatory to the Hague Service Convention. Tunisia joins just five other African countries as members of the Hague Service Convention.
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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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Determine whether service of process was properly effected on your client via the Hague Service Convention.
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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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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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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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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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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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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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