Hague Service Convention

Transcription

1 Hague Service Cnventin The Hague Service Cnventin is a federal treaty which entered int frce in the United States in The Hague Service Cnventin was created t prvide a standardized methd f service f prcess between signatry cuntries. It is the mst widely recgnized methd f internatinal prcess service and has even been added as a required methd in sme U.S. service statutes. Hwever, f the apprximately 200 (+/-) cuntries f the wrld, nly 68 are signatry t the Hague Service Cnventin. Of the at least 39 different Hague Cnventins, Hague Cnventin #14 is the "Service" Cnventin and is slely fr the service f "ntice" dcuments between signatry cuntries (summns, cmplaint, and assciated dcuments) but is nt meant t be used fr service f a subpena r any ther dcument requesting a frm f evidence (with the exceptin f dcument subpenas fr service in Japan). If we are retained t effect Hague service n yur behalf, we will: prepare all necessary treaty dcuments and facilitate service being prperly effected, either thrugh the apprpriate central authrity r ur appinted agent (as in expedited Hague service where available) prvide, at n extra cst, supprting affidavits, and assistance, fr btaining extensins f time t serve, infrming the applicable curt r client f status (when available) etc. send all dcuments abrad using internatinal curier (such as UPS, FEDEX, etc.) Cmmn Cntrversy Upn accessin t the Hague Service Cnventin, a signatry cuntry is allwed the pprtunity t vice bjectins t, impse restrictins n, r issue a requirement relating t, any f the Articles f the Cnventin. The mst cmmn cntrversy surrunds a signatry cuntry's bjectin r lack f bjectin t the varius prtins f Article 10, which generally allw the applicant t avid vilating the Cnventin by sidestepping the use f the freign cuntry's designated Central Authrity. The text f Article 10 is as fllws: Article 10 I. Prvided the State f destinatin des nt bject, the present Cnventin shall nt interfere with II. the freedm t send judicial dcuments, by pstal channels, directly t persns abrad III. the freedm f judicial fficers, fficials r ther cmpetent persns f the State f rigin t effect service f judicial dcuments directly thrugh the judicial fficers, fficials r ther cmpetent persns f the State f destinatin, the freedm f any persn interested in a judicial prceeding t effect service f judicial dcuments directly thrugh the judicial fficers, fficials r ther cmpetent persns f the State f destinatin With regard t para. (a), significant cntrversy exists ver the term freedm t "send" (as is quted in par.(a) abve) which sme curts have ruled des nt mean freedm t "serve". The majrity f signatry cuntries bject t private service. SERVICE BY MAIL OR PRIVATE SERVER IN A COUNTRY WHERE A FORMAL OBJECTION TO IT HAS BEEN DECLARED IS A VIOLATION OF THE TERMS OF THE SERVICE CONVENTION AND SHOULD NOT BE USED.

2 With regard t para. (b) and (c), there are many cuntries where this is an ptin, but ften nt a practical ne. The reasns fr this are that U.S. cnsular fficers are frbidden by regulatin t assist in the service f prcess, prcess servers, as a private prfessin, d nt exist in mst freign cuntries, and many judicial fficers in freign cuntries will nt serve dcuments sent t them directly frm private individuals in the United States. What needs t be taken int cnsideratin at all times is that IF yu ever intend t attempt enfrcement f a judgment IN the freign cuntry, the judgment shuld be btained based upn a methd f service cnsidered valid in the curts f the freign cuntry. Use f the Hague Service Cnventin slves this ptential prblem because it is recgnized as valid service in the curts f all signatry cuntries (which includes ALL U.S. curts). Signatry Cuntries HAGUE SERVICE CONVENTION SIGNATORY COUNTRIES AS OF MAY 1, 2013 Member States Albania Argentina Australia Belarus Belgium Bsnia and Herzegvina Bulgaria Canada China, Peple's Republic f Cratia Cyprus

3 Signatry Cuntries cn t Czech Republic Denmark Egypt Estnia Finland France Germany Greece Hungary Iceland India Ireland Israel Italy Japan Krea, Republic f (Suth) Latvia Lithuania Luxemburg Malta Mexic Mnac

4 Signatry Cuntries cn t Mntenegr Mrcc Netherlands HAGUE SERVICE CONVENTION SIGNATORY COUNTRIES AS OF MAY 1, 2013 Nrway Pland Prtugal Rmania Russian Federatin Serbia Slvakia Slvenia Spain Sri Lanka Sweden Switzerland The frmer Yugslav Republic f Macednia Turkey Ukraine United Kingdm f Great Britain and Nrthern Ireland United States f America Venezuela

5 ADDITIONAL States that the Cnventin applies t but they are nt full members f the Hague Cnference ADDITIONAL States (nt full members) Antigua and Barbuda Armenia Bahamas Barbads Belize Btswana Clmbia (in frce Nvember 1, 2013) Kuwait Malawi Mldva, Republic f Pakistan Saint Vincent and the Grenadines San Marin