Hague Service Convention

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Hague Service Convention
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Hague Service Convention contracting parties.svg
  State party to the Convention
  State ratified, not yet in force
Signed15 November 1965
Location Flag of the Netherlands.svg The Hague
Effective10 February 1969
Condition3 ratifications
Parties84
Depositary Ministry of Foreign Affairs of the Kingdom of the Netherlands
LanguagesEnglish and French
Full text
Wikisource-logo.svg Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters at Wikisource

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, the Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, Article 1 states that the Convention shall not apply if the address of the person to be served with the document is not known.

Contents

Diplomatic service via letters rogatory

For states that are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is generally effected by a letter rogatory, which is a formal request to issue a judicial order from a court in the state where proceedings are underway to a court in another state. This procedure generally requires transmission of the document to be served from the originating court to the foreign ministry in the state of origin. The foreign ministry in the state of origin forwards the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court. The local court then makes an order to allow for the service. Once service is made, a certificate of service would then pass through the same channels in reverse. Under a somewhat more streamlined procedure, courts can sometimes forward service requests to the foreign ministry or the foreign court directly, cutting out one or more steps in the process.

Procedure

The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request. Parties are required to use three standardized forms: a request for service, a summary of the proceedings (similar to a summons), and a certificate of service.

The main benefits of the Hague Service Convention over letters rogatory is that it is faster (requests generally take two to four months rather than six months to one year), it uses standardized forms that should be recognized by authorities in other states, and it is cheaper (in most cases) because service can be effected by a local attorney without hiring a foreign attorney to advise on foreign service procedures.

The Hague Service Convention does not prohibit a receiving state from permitting international service by methods otherwise authorized by domestic law. For example, a state could allow for service directly by mail or by personal service. States that permit parties to use these alternative means of service make a separate designation in the documents they file upon ratifying or acceding to the convention.

Alternate methods of service

The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic/consular agents, judicial officers, officials or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member countries as a valid mode of serving the documents in their territory. The method of serving the documents through a central agency (Article 5) is not optional but is binding on all the member countries. Service through a central agency usually takes a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received certificate of service or delivery from the central agency even after waiting for six months. In such cases, the court may, if it considers that a reasonable time has elapsed, give its judgment. Also, in case of urgency, the court may issue a provisional order or protective measure even before six-month waiting period.

Central authority

Although the service is free, it may take 4 to 12 months for the central authority to process. The central authority decides which method is to be used. In many cases, a bailiff will be assigned by a local court to serve the documents and mail back the proof of service, but service by mail is also possible. [1]

Service by mail

Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law. It is therefore possible in France and the Netherlands but not in Germany, Switzerland, and South Korea, where incoming service is to be effected exclusively through the state's central authority. [2]

In the United States, the interpretation of a provision in Article 10(a) has long been controversial, as the judiciary in some of its jurisdictions contended that service by mail was impossible because the word "send" rather than "serve" was used in the English-language version of the convention. The matter was finally resolved in May 2017 by the US Supreme Court in Water Splash, Inc. v. Menon , bringing the interpretation in line with parties in other US jurisdictions and the rest of the world.

Relation with other instruments

Under the convention, states may conclude different agreements between them that take precedence over the convention. Thus, in the European Union (except for Denmark) other rules are applied instead of the convention.

State parties

As of October 2024, 84 states are contracting parties of the Hague Service Convention. [2]

State partySignedRatified or accededEntry into force
Flag of Albania.svg Albania 1 November 20061 July 2007
Flag of Andorra.svg Andorra 26 April 20171 December 2017
Flag of Antigua and Barbuda.svg Antigua and Barbuda 1 May 19851 November 1981
Flag of Argentina.svg Argentina 2 February 20012 December 2001
Flag of Armenia.svg Armenia [A] 27 June 20121 February 2013
Flag of Australia (converted).svg Australia [B] 15 March 20101 November 2010
Flag of Austria.svg Austria 22 November 201914 July 202012 September 2020
Flag of Azerbaijan.svg Azerbaijan [A] 17 February 20231 September 2023
Flag of the Bahamas.svg Bahamas, The 17 June 19971 February 1998
Flag of Barbados.svg Barbados 10 February 19691 October 1969
Flag of Belarus.svg Belarus 6 June 19971 February 1998
Flag of Belgium (civil).svg Belgium 21 January 196619 November 197018 January 1971
Flag of Belize.svg Belize 8 September 20091 May 2010
Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina 16 June 20081 February 2009
Flag of Botswana.svg Botswana 10 February 19691 September 1969
Flag of Brazil.svg Brazil 1 November 20181 June 2019
Flag of Bulgaria.svg Bulgaria 23 November 19991 August 2000
Flag of Canada (Pantone).svg Canada 26 September 19981 May 1999
Flag of the People's Republic of China.svg China 6 May 19911 January 1992
Flag of Colombia.svg Colombia 10 April 20131 November 2013
Flag of Costa Rica.svg Costa Rica 16 March 20161 October 2016
Flag of Croatia.svg Croatia 28 February 20061 November 2006
Flag of Cyprus.svg Cyprus 26 October 19821 June 1983
Flag of the Czech Republic.svg Czech Republic 28 January 19931 January 1993
Flag of Denmark.svg Denmark 7 January 19692 August 19691 October 1969
Flag of the Dominican Republic.svg Dominican Republic 21 March 20241 October 2024
Flag of Egypt.svg Egypt 1 March 196612 December 196810 February 1969
Flag of El Salvador.svg El Salvador 21 March 20241 October 2024
Flag of Estonia.svg Estonia 2 February 19961 October 1996
Flag of Finland.svg Finland 15 November 196511 November 196910 November 1969
Flag of France.svg France 12 January 19673 July 19721 September 1972
Flag of Georgia.svg Georgia 31 May 20211 January 2022
Flag of Germany.svg Germany 15 November 196527 April 197926 June 1979
Flag of Greece.svg Greece 20 July 198320 July 198318 September 1983
Flag of Hungary.svg Hungary 13 July 20041 April 2005
Flag of Iceland.svg Iceland 10 November 20081 July 2009
Flag of India.svg India 23 November 20061 August 2007
Flag of Ireland.svg Ireland 20 October 19895 April 19944 June 1994
Flag of Israel.svg Israel 25 November 196514 August 197213 October 1972
Flag of Italy.svg Italy 25 January 197925 November 198124 January 1982
Flag of Japan.svg Japan 12 March 197028 May 197027 July 1970
Flag of Kazakhstan.svg Kazakhstan 15 October 20151 June 2016
Flag of South Korea.svg Korea, South 13 January 20001 August 2000
Flag of Kuwait.svg Kuwait 8 May 20021 December 2002
Flag of Latvia.svg Latvia 28 March 19951 November 1995
Flag of Lithuania.svg Lithuania 2 August 20001 June 2001
Flag of Luxembourg.svg Luxembourg 27 October 19719 July 19757 September 1975
Flag of Malawi.svg Malawi 24 April 19721 December 1972
Flag of Malta.svg Malta 1 February 20111 October 2011
Flag of the Marshall Islands.svg Marshall Islands 29 July 20201 February 2021
Flag of Mexico.svg Mexico 2 November 19991 June 2000
Flag of Moldova.svg Moldova 4 July 20121 February 2013
Flag of Monaco.svg Monaco 1 March 20071 November 2007
Flag of Montenegro.svg Montenegro 16 January 20121 September 2012
Flag of Morocco.svg Morocco 24 March 20111 November 2011
Flag of the Netherlands.svg Netherlands [C] 15 November 19653 November 19752 January 1976
Flag of Nicaragua.svg Nicaragua 24 July 20191 February 2020
Flag of North Macedonia.svg North Macedonia 23 December 20081 September 2009
Flag of Norway.svg Norway 15 October 19682 August 19691 October 1969
Flag of Pakistan.svg Pakistan 7 December 19881 August 1989
Flag of Paraguay.svg Paraguay 23 June 20231 January 2024
Flag of the Philippines.svg Philippines 3 March 20201 October 2020
Flag of Poland.svg Poland 13 February 19961 September 1996
Flag of Portugal (official).svg Portugal 5 July 197127 December 197325 February 1974
Flag of Romania.svg Romania 21 August 20031 April 2004
Flag of Russia.svg Russia 1 May 20011 December 2001
Flag of Saint Vincent and the Grenadines.svg Saint Vincent and the Grenadines 6 January 200527 October 1979
Flag of San Marino.svg San Marino 15 April 20021 November 2002
Flag of Serbia.svg Serbia 2 July 20101 February 2011
Flag of Seychelles.svg Seychelles 18 November 19801 July 1981
Flag of Singapore.svg Singapore 16 May 20231 December 2023
Flag of Slovakia.svg Slovakia 15 March 19931 January 1993
Flag of Slovenia.svg Slovenia 18 September 20001 June 2001
Flag of Spain.svg Spain 21 October 19764 June 19873 August 1987
Flag of Sri Lanka.svg Sri Lanka 31 August 20001 June 2001
Flag of Sweden.svg Sweden 4 February 19692 August 19691 October 1969
Flag of Switzerland (Pantone).svg  Switzerland 21 May 19852 November 19941 January 1995
Flag of Tunisia.svg Tunisia 10 July 20172 February 2018
Flag of Turkey.svg Turkey 11 June 196828 February 197228 April 1972
Flag of Ukraine.svg Ukraine 1 February 20011 December 2001
Flag of the United Kingdom.svg United Kingdom [D] 10 December 196517 November 196710 February 1969
Flag of the United States.svg United States [E] 15 November 196524 August 196710 February 1969
Flag of Venezuela.svg Venezuela 29 October 19931 July 1994
Flag of Vietnam.svg Vietnam 16 March 20161 December 2016

Notes

  1. 1 2 The provisions of the Convention do not apply between Armenia and Azerbaijan. [3]
  2. The Convention entered into force on 1 November 2010 for all of Australia's external territories. [4]
  3. The Convention entered into force on 27 July 1986 for Aruba. [5]
  4. The Convention entered into force on 19 July 1970 for Bermuda, the British Virgin Islands, the Cayman Islands, the Falkland Islands, Gibraltar, Guernsey, the Isle of Man, Jersey, Montserrat, the Pitcairn Islands, Saint Helena, and the Turks and Caicos Islands. [6] It entered into force on 2 October 1982 for Anguilla. [6]
  5. The Convention entered into force for the Northern Mariana Islands on 30 May 1994. [7]

References

  1. "International Service of Process in Hong Kong". www.plexus-pi.com. Plexus Investigative Solutions. Archived from the original on 8 August 2016. Retrieved 22 May 2016.
  2. 1 2 "Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters: Status table". Hague Conference on Private International Law. 23 June 2023. Retrieved 11 October 2024.
  3. "Declarations to the Application of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of Azerbaijan". Hague Conference on Private International Law. Retrieved 19 May 2023.
  4. "Extension of Application of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters to Australian External Territories". Hague Conference on Private International Law. Retrieved 22 April 2015.
  5. "Extension of Application of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters to Aruba". Hague Conference on Private International Law. Retrieved 22 April 2015.
  6. 1 2 "Extension of Application of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters to British Territories". Hague Conference on Private International Law. Retrieved 22 April 2015.
  7. "Extension of Application of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters to the Commonwealth of the Northern Mariana Islands". Hague Conference on Private International Law. Retrieved 22 April 2015.