Hague Service Convention
Encyclopedia
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 signed in The Hague
on 15 November 1965 by members of the Hague Conference on Private International Law
. It allows service of process
of judicial documents from one signatory state to another without use of consular and diplomatic channels
. The issue of international service had been previously addressed as part of the 1905 Civil Procedure Convention which was also signed in The Hague, which did not command wide support and was ratified by only 22 countries.
, a formal request from the court
in the country where proceedings were initiated or underway to a court in another country where the defendant resided. 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 forwarded the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court where the party to be served resided and the local court would arrange for service on the party to be served. Once service was made, a certificate of service (proving that service was made) 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.
The main benefits of the Hague Service Convention over Letters Rogatory is that it is faster (requests generally take 2 - 4 months rather than 6 - 12 months), it uses standardized forms which should be recognized by authorities in signatory countries, and in most cases, it is cheaper because service can be effected by the local attorney without hiring a foreign attorney to advise on how to serve.
The Hague Service Convention does not prohibit a receiving state from permitting international service by other methods otherwise authorized by local law (for example, service directly by mail or personal service by a person otherwise authorized to service process in the foreign country). For example, in the United States, service can often be made by a private process server. States which permit parties to use these "alternative means" of service make a separate designation in the documents they file with the Convention.
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; others hold that the provision only authorizes sending, but not serving, documents by mail. The European Court of Justice
and courts in Greece
and Alberta
interpret the provision to permit formal service by mail. Other countries, including Germany
, Switzerland
, and most current and former communist countries, require incoming service to be effected exclusively through the country's central authority.
, Bahamas, Barbados
, Belize
, Botswana
, Kuwait
, Malawi
, Pakistan
, Saint Vincent and the Grenadines
, San Marino
, and Seychelles
.
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
on 15 November 1965 by members of the Hague Conference on Private International Law
Hague Conference on Private International Law
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
. It allows service of process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
of judicial documents from one signatory state to another without use of consular and diplomatic channels
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
. The issue of international service had been previously addressed as part of the 1905 Civil Procedure Convention which was also signed in The Hague, which did not command wide support and was ratified by only 22 countries.
Diplomatic service via Letters rogatory
Diplomatic channels are generally used between those states that are not contracting parties to the convention. It is generally effected by a letter rogatoryLetter Rogatory
A letter rogatory or letter of request is a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence.-Service of process:...
, a formal request from the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in the country where proceedings were initiated or underway to a court in another country where the defendant resided. 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 forwarded the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court where the party to be served resided and the local court would arrange for service on the party to be served. Once service was made, a certificate of service (proving that service was made) 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 in signatory states 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 to the defendant's residence. 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),
- a certificate of service.
The main benefits of the Hague Service Convention over Letters Rogatory is that it is faster (requests generally take 2 - 4 months rather than 6 - 12 months), it uses standardized forms which should be recognized by authorities in signatory countries, and in most cases, it is cheaper because service can be effected by the local attorney without hiring a foreign attorney to advise on how to serve.
The Hague Service Convention does not prohibit a receiving state from permitting international service by other methods otherwise authorized by local law (for example, service directly by mail or personal service by a person otherwise authorized to service process in the foreign country). For example, in the United States, service can often be made by a private process server. States which permit parties to use these "alternative means" of service make a separate designation in the documents they file with the Convention.
Definition of court officers
In the United States, an attorney is regarded as an officer of the court, but not all countries accept them to "participate in their court procedures".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 countries that authorize this usage in ratifying the convention, such as FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
. 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; others hold that the provision only authorizes sending, but not serving, documents by mail. The European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
and courts in Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
and Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
interpret the provision to permit formal service by mail. Other countries, including Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, and most current and former communist countries, require incoming service to be effected exclusively through the country's central authority.
Parties
, 64 states are countracting parties of the Hague Service Convention. They include 53 of the 72 Hague Conference on Private International Law member states, plus Antigua and BarbudaAntigua and Barbuda
Antigua and Barbuda is a twin-island nation lying between the Caribbean Sea and the Atlantic Ocean. It consists of two major inhabited islands, Antigua and Barbuda, and a number of smaller islands...
, Bahamas, Barbados
Barbados
Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
, Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, Botswana
Botswana
Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
, Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
, Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Saint Vincent and the Grenadines
Saint Vincent and the Grenadines
Saint Vincent and the Grenadines is an island country in the Lesser Antilles chain, namely in the southern portion of the Windward Islands, which lie at the southern end of the eastern border of the Caribbean Sea where the latter meets the Atlantic Ocean....
, San Marino
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
, and Seychelles
Seychelles
Seychelles , officially the Republic of Seychelles , is an island country spanning an archipelago of 115 islands in the Indian Ocean, some east of mainland Africa, northeast of the island of Madagascar....
.
| State | Date of Ratification | State | Date of Ratification |
|---|---|---|---|
 Albania |
01 November 2006 |  Antigua and Barbuda |
01 May 1985 |
 Argentina |
02 February 2001 |  Australia |
15 March 2010 |
 The Bahamas |
17 June 1997 |  Barbados |
10 February 1969 |
 Belarus |
06 June 1997 |  Belgium |
19 November 1970 |
 Bosnia and Herzegovina |
16 June 2008 |  Belize |
08 November 2009 |
 Botswana |
10 February 1969 |  Kingdom of Bulgaria |
23 November 1999 |
 Canada |
26 September 1988 |  Mainland China, People's Republic of |
06 May 1991 |
 Independent State of Croatia |
28 February 2006 |  Cyprus |
26 October 1982 |
 Czech Republic |
23 September 1981 |  Denmark |
02 August 1969 |
 Egypt |
12 December 1968 |  Estonia |
02 February 1996 |
 Finland |
11 November 1969 |  Early Modern France |
03 July 1972 |
 Germany |
27 April 1979 |  Greece |
20 July 1983 |
 Hungary |
13 July 2004 |  Iceland |
10 November 2008 |
 India |
23 November 2006 |  Republic of Ireland |
05 April 1994 |
 Israel |
14 August 1972 |  Italy |
25 November 1981 |
 Japan |
28 May 1970 | , Republic of | 13 January 2000 |
 Kuwait |
08 May 2002 |  Latvia |
28 March 1995 |
 Lithuania |
02 August 2000 |  Luxembourg |
09 July 1975 |
 Republic of Macedonia, The former Yugoslav Republic of |
23 December 2008 |  Malawi |
24 April 1972 |
 Malta |
01 February 2011 |  Mexico |
02 November 1999 |
 Monaco |
01 March 2007 |  Kingdom of the Netherlands (European territory and ArubaAruba Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula... ) |
03 November 1975 |
 Morocco |
24 March 2011 |  Norway |
02 August 1969 |
 Pakistan |
07 December 1988 |  Poland |
13 February 1996 |
 Portugal |
27 December 1973 |  Kingdom of Romania |
21 August 2003 |
 Russia |
01 May 2001 |  Saint Vincent and the Grenadines |
06 January 2005 |
 San Marino |
15 April 2002 |  Serbia |
02 July 2010 |
 Seychelles |
18 November 1980 |  Slovakia |
23 November 1981 |
 Slovenia |
18 September 2000 |  Spain |
04 June 1987 |
 Sri Lanka |
31 August 2000 |  Sweden |
02 August 1969 |
 Switzerland |
02 November 1994 |  Turkey |
28 February 1972 |
 Ukraine |
01 February 2001 | 17 November 1967 | |
 United States |
24 August 1967 |  Venezuela |
29 October 1993 |