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How the Hague Convention Impacts Service of Process

When you are issuing an international service of process, you will most likely hear about The Hague Service Convention. The Hague Services Convention was established after World War II and currently boasts 83 member countries. These countries are also included in a large treaty that governs the way different legal systems work together.

There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time
  • Improve the organization of mutual judicial assistance

The treaty we have now resulted from the goals of the convention. It provides a clear roadmap for the preparation and presentation of service of process in member countries. It outlines a simpler way to serve process abroad, to assure that defendants sued in foreign jurisdictions receive actual and timely notice of suit, and to facilitate proof of service. The framework that was created is more efficient and more effective than Letters Rogatory and the Inter-American Service Convention and Additional Protocol. Statistically, the large majority (66%) of requests are executed within two months but certain countries, especially Mexico and China, may put up roadblocks that can slow the process considerably.

The Hague Services Convention is the most expedited, organized and efficient option for service. Each country within the treaty designates a central authority. The authority receives requests for service from other Convention countries and distributes them as necessary. The service of process is then executed specifically according to the country’s internal laws. This ensures that the order is not rendered void through defective service. In other words, it saves you time and hassle!

At First Legal, our experienced team will help you navigate both The Hague Services Convention and international service of process. Let us simplify your litigation workflow and your service of process too – contact us today! To read more about our International Service of Process, click here.

If you have questions on any of our services, please don't hesitate to get in touch with us.

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