Hague Service Convention

The Hague Service Convention, or the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 15 November 1965 by the members of the Hague Conference on Private International Law. It allows service of judicial documents from one signatory state to another without recourse to consular and diplomatic channels. The issue of international service was earlier addressed as part of the 1905 Civil Procedure Convention also signed in The Hague. The 1905 convention did not command wide support and was only ratified by 22 countries.

Service of process in civil cases prior to the Convention was effected by means of a "Letter Rogatory", (or a Letter of Request), a formal request from a court in one country to another in which the defendant is domiciled. This formal document usually required transmission from the originating Court to the Ministry of Foreign Affairs (MFA) in the state of origin, who then forwarded it, possibly through its embassy, to the MFA in the destination state. The foreign MFA would then pass the documents to the judicial authorities in that state, who would then go about the service procedures. Proof of service would then be returned via the same long winded channels.

The Hague Service Convention established a somewhat simplified route by having each signatory state designate a "central authority" to accept incoming requests for service. Although the exact implementation varies from state to state, it is possible for the judicial authorities in the originating state to send the documents to be served directly to the central authority in the defendant's country of domicile without relying on diplomatic channels. The receiving central authority is then responsible for arranging service, typically through a local court at the defendant's residence.

The Letter Rogatory is also no longer necessary, as a simplified model request form is used, and aids the process by being widely recognised by the relevant authorities. There are currently 55 states who have ratified the Hague Service Convention. (See list [http://hcch.e-vision.nl/index_en.php?act=conventions.statusprint&cid=17] )

Country-by-Country Issues

In the United States, the plaintiff's attorney is designated by statute as originating "judicial authority" and thus able to address a service request directly to the competent central authority. Some countries, such as Israel, will not honor a HSC request unless it is executed by a judge or clerk of the requesting court.

In addition to service through the recipient country's central authority, some signatory countries including most English-speaking countries, France and Italy permit incoming service on their residents directly by mail. By contrast, Germany, Switzerland and most current or former communist countries require incoming service to be effected exclusively through their central authorities.

Other similar treaties to the Hague Service Convention include the Inter-American Convention and Council Regulation (EC) No. 1348/2000.

External links

* [http://hcch.e-vision.nl/index_en.php?act=conventions.text&cid=17 Hague Service Convention at the Hague Conference website]
* [http://www.travel.state.gov/law/info/judicial/judicial_2513.html Judicial assistance advice from the U.S. Department of State]
* [http://hague-convention.orgDirectory of Hague Convention's Service Providers]