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 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 that resulted from the convention 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 both 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.
Not only is The Hague Services Convention the most expedited option for service, it is also the most organized and efficient. Each country within the treaty designates a central authority that receives requests for service from other Convention countries and distributes them as necessary. The service of process is then executed according to the country's internal laws, which helps to ensure that the order is not rendered void through defective service.
At First Legal, our experienced team will help you navigate The Hague Services Convention and international service of process. Let us simplify your litigation workflow – contact us today! To read more about our International Service of Process, click here.