Hague Service Convention

Hague Service Convention
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

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  State party to the Convention
Signed 15 November 1965
Location Netherlands The Hague
Effective 10 February 1969
Condition 3 ratifications
Parties 71
Depositary Ministry of Foreign Affairs of the Kingdom of the Netherlands
Languages English and French
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 which was adopted in The Hague, The Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. The treaty allows for service of process of legal documents from one state to another without the use of consular or diplomatic channels. The treaty supersedes the 1905 Civil Procedure Convention, which had previously dealt with the issue of international service of process.

Diplomatic service via letters rogatory

Main article: Letter rogatory

For states which 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 which 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 which 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.

Methods of Service

Self Service

There are several methods of service. If the Central Authority agrees, Article 10 states that an individual may affect self-service by:[1]

Central Authority

If service is to be conducted through the Central Authority, 2 copies of the documents to be served must be post mailed, along with Form USM-94. Although the service is free, it may take 4 to 6 months for the Central Authority to Process. The bailif will be assigned to serve the documents and mail back the proof of service but if the service could not be completed, a statement will be post mailed instead. [2]

Interpretation issues

Definition of court officers

In the United States, an attorney is regarded as an officer of the court,[3] but not all states parties to the Convention accept them to participate in their court procedures.[4]

Service by mail

The interpretation of a provision in article 10(a) is controversial. The provision permits the requesting judicial officer to "send" judicial documents by postal channels to states that have authorised this channel upon ratifying or acceding to the Convention, such as France and Italy. Other provisions of the convention say "serve" or "service". The controversy is over whether the provision permits service directly on parties by mail. In the United States, some courts interpret this provision to permit service by mailing documents directly to individuals; some jurisdiction in the United States, such as Florida, allow marriage license by mail to have an apostile attached to meet the requirements of authentication others hold that the provision only authorises sending, but not serving, documents by mail. The European Court of Justice and court in Greece and Canada have interpreted the provision to permit formal service by mail. Other states, including Germany, Switzerland, and South Korea, require incoming service to be effected exclusively through the state's central authority.[5]

Relation with other instruments

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

State parties

As of March 2016, 71 states are contracting parties of the Hague Service Convention. They include 56 of the 81 Hague Conference on Private International Law member states in addition to 15 other states.[5]

State party Signed Ratified or acceded Entry into force
 Albania — 1 November 2006 1 July 2007
 Antigua and Barbuda — 1 May 1985 1 November 1981
 Argentina — 2 February 2001 2 December 2001
 Armenia — 27 June 2012 1 February 2013
 Australia[upper-alpha 1] — 15 March 2010 1 November 2010
 Bahamas, The — 17 June 1997 1 February 1998
 Barbados — 10 February 1969 1 October 1969
 Belarus — 6 June 1997 1 February 1998
 Belgium 21 January 1966 19 November 1970 18 January 1971
 Belize — 8 September 2009 1 May 2010
 Bosnia and Herzegovina — 16 June 2008 1 February 2009
 Botswana — 10 February 1969 1 September 1969
 Bulgaria — 23 November 1999 1 August 2000
 Canada — 26 September 1998 1 May 1999
 China — 6 May 1991 1 January 1992
 Colombia — 10 April 2013 1 November 2013
 Costa Rica — 16 March 2016
 Croatia — 28 February 2006 1 November 2006
 Cyprus — 26 October 1982 1 June 1983
 Czech Republic — 28 January 1993 1 January 1993
 Denmark 7 January 1969 2 August 1969 1 October 1969
 Egypt 1 March 1966 12 December 1968 10 February 1969
 Estonia — 2 February 1996 1 October 1996
 Finland 15 November 1965 11 November 1969 10 November 1969
 France 12 January 1967 3 July 1972 1 September 1972
 Germany 15 November 1965 27 April 1979 26 June 1979
 Greece 20 July 1983 20 July 1983 18 September 1983
 Hong Kong — — —
 Hungary — 13 July 2004 1 April 2005
 Iceland — 10 November 2008 1 July 2009
 India — 23 November 2006 1 August 2007
 Ireland 20 October 1989 5 April 1994 4 June 1994
 Israel 25 November 1965 14 August 1972 13 October 1972
 Italy 25 January 1979 25 November 1981 24 January 1982
 Japan 12 March 1970 28 May 1970 27 July 1970
 Kazakhstan — 15 October 2015 1 June 2016
 Korea, South — 13 January 2000 1 August 2000
 Kuwait — 8 May 2002 1 December 2002
 Latvia — 28 March 1995 1 November 1995
 Lithuania — 2 August 2000 1 June 2001
 Luxembourg 27 October 1971 9 July 1975 7 September 1975
 Macedonia, Republic of — 23 December 2008 1 September 2009
 Malawi — 24 April 1972 1 December 1972
 Malta — 1 February 2011 1 October 2011
 Mexico — 2 November 1999 1 June 2000
 Moldova — 4 July 2012 1 February 2013
 Monaco — 1 March 2007 1 November 2007
 Montenegro — 16 January 2012 1 September 2012
 Morocco — 24 March 2011 1 November 2011
 Netherlands[upper-alpha 2] 15 November 1965 3 November 1975 2 January 1976
 Norway 15 October 1968 2 August 1969 1 October 1969
 Pakistan — 7 December 1988 1 August 1989
 Poland — 13 February 1996 1 September 1996
 Portugal 5 July 1971 27 December 1973 25 February 1974
 Romania — 21 August 2003 1 April 2004
 Russia — 1 May 2001 1 December 2001
 Saint Vincent and the Grenadines — 6 January 2005 27 October 1979
 San Marino — 15 April 2002 1 November 2002
 Serbia — 2 July 2010 1 February 2011
 Seychelles — 18 November 1980 1 July 1981
 Slovakia — 15 March 1993 1 January 1993
 Slovenia — 18 September 2000 1 June 2001
 Spain 21 October 1976 4 June 1987 3 August 1987
 Sri Lanka — 31 August 2000 1 June 2001
 Sweden 4 February 1969 2 August 1969 1 October 1969
  Switzerland 21 May 1985 2 November 1994 1 January 1995
 Turkey 11 June 1968 28 February 1972 28 April 1972
 Ukraine — 1 February 2001 1 December 2001
 United Kingdom[upper-alpha 3] 10 December 1965 17 November 1967 10 February 1969
 United States[upper-alpha 4] 15 November 1965 24 August 1967 10 February 1969
 Venezuela — 29 October 1993 1 July 1994
 Vietnam — 16 March 2016

Notes

  1. ↑ The Convention entered into force on 1 November 2010 for all of Australia's external territories.[6]
  2. ↑ The Convention entered into force on 27 July 1986 for Aruba.[7]
  3. ↑ 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.[8] It entered into force on 2 October 1982 for Anguilla.[8]
  4. ↑ The Convention entered into force for the Northern Mariana Islands on 30 May 1994.[9]

References

  1. ↑ "International Service of Process in Hong Kong". www.plexus-pi.com. Plexus Investigative Solutions. Retrieved 22 May 2016.
  2. ↑ "International Service of Process in Hong Kong". www.plexus-pi.com. Plexus Investigative Solutions. Retrieved 22 May 2016.
  3. ↑ "United States of America – Central Authority & practical information". Hague Conference on Private International Law. Retrieved 26 September 2014.
  4. ↑ "Preparation of Letters Rogatory". United States Department of State. Retrieved 26 September 2014.
  5. 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. Retrieved 26 September 2014.
  6. ↑ "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 2015-04-22.
  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 Aruba". Hague Conference on Private International Law. Retrieved 2015-04-22.
  8. 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 2015-04-22.
  9. ↑ "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 2015-04-22.
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