Tag Archive for: Hague Convention

The supreme court of Brazil, known as the Supreme Federal Court (STF), recently ratified the ruling of an American court regarding a legal dispute between an American and Brazilian company.

 

The Case

The matter at issue involves a decision by a New York court that ordered copyright distributor Latin Stock Brazil Produces to pay $362,740 USD to American company Shutterstock, which provides videos, images, and music. In order for the judgment to be enforceable in Brazil, however, the country’s judiciary had to ratify the New York Court’s decision.

Brazil’s Superior Court of Justice (STJ) accepted use of service of process by process of mail — a landmark ruling — the method by which was previously agreed to by the litigants in a clause in the contract between the parties. The parties further agreed in their contract that in the event of litigation, the matter would be resolved by a New York court where service of process can be perfected by mail. The STJ ratified the New York Court’s ruling as the agreement and acknowledgment receipt of mail was attached to the lawsuit.

 

The Ruling

 

The STF recently confirmed that a foreign court’s decision could be ratified without requiring a Brazilian company to be served with process in the legal dispute by letter rogatory. A letter rogatory is a formal request from a court to a foreign court for judicial assistant — typically asking the foreign court permission before performing a judicial act without which the foreign court’s sanction would result in a violation of that country’s sovereignty. The STF upheld a ruling of a lower Brazilian court, the Superior Court of Justice (STJ), that released an American company from the obligation of serving the Brazilian company through letters rogatory. According to an article published by Mondaq, between January 2015 and September 2020 the STJ granted nearly 90% of requests to ratify a foreign ruling. The STF held that the STJ’s judgment granting Shutterstock’s request was well-founded and also supported by the infra-constitutional law. Public policy also supported the decision as it provided greater legal certainty to foreign investors who wish to execute agreements with Brazilian companies — business relationships that can attract foreign capital to the country.

 

The Effects

After the STF endorsement of service of process by mail, numerous foreign companies now have the option of possibly establishing another method of process of service aside from letters rogatory, making international service both faster and cheaper. It is expected that companies with international agreements will include a similar clause in their contracts.

 

For service in Brazil, visit our site.

Is formal service of process required when serving foreign defendants located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (Hague Convention)? The short answer is “yes.”

 

According to the Hague Convention, foreign defendants located in signatory countries must be served according to the international treaty’s rules. There are also specific requirements that are mandated by the Hague Convention. These include mandates that must be complied with such as serving a complete certified translation of the process and service via a signatory nation’s central authority.

 

It is important for employers that are located in nations that are signatories to the Hague Convention that they are properly served. Service through a United States subsidiary is improper and not in compliance with the Hague Convention. Oftentimes this type of attempted service of process is quashed, and the court in which the lawsuit sits will not have jurisdiction over the foreign defendant until proper service of process is effectuated.

 

Substitute Service Through U.S. Subsidiaries

 

There are some limited situations in which a foreign corporation may be properly served in America through a wholly-owned U.S.-based subsidiary. In such a situation, the plaintiff must establish that the parent corporation exercised such a degree of control over the subsidiary that its activities were in fact those of the parent-corporation located within the United States. Notably, this is a high burden to meet for the plaintiff; the mere fact that the party that was served in America is a wholly-owned subsidiary of the defendant in the lawsuit is insufficient on its own. In order for this substitute service to be proper, facts must support the claim that the U.S.-based subsidiary controlled the defendant entity.  Examples that could meet this high burden of proof would include:

 

  • The subsidiary’s and parent corporation’s financial statements are consolidated into one;
  • The parent corporation owned 100% of the subsidiary’s stock and voted at all stockholders’ meetings;
  • The subsidiary’s and parent corporation’s board of directors, officers, and employees held offices in both companies.

 

Without a sufficient showing of control by the parent corporation over the subsidiary, such as the examples listed above, any substituted service could be quashed.

 

We Can Help With Your Service of Process Needs

 

Service of process is critical. Proper service is necessary to assert jurisdiction over a foreign defendant. The challenges to service of process, however, can be waived by a plaintiff if not timely raised. For this reason, the prompt analysis of whether service on a foreign defendant was effectuated and proper, and whether the Hague Convention applies, is critical. Contact Ancillary Legal today to serve your international service of process needs.

 

When it comes to international litigation, things can get complicated. Not only are you dealing with international laws and foreign sovereigns, but the rules and regulations governing international service of process also differs vastly from rules applicable to domestic cases. The Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is a multilateral treaty. This treaty was adopted on November 15, 1965 by member nations of the Hague Convention on Private International Law (the “Convention”). This treaty created unified rules on several issues, including international service of process. Approximately 74 countries have ratified the Convention.

 

The Convention Explained

 

The Convention provides a streamlined way to effectuate service of process through the Central Authority of each signatory nation. Under Article II, each nation designates its Central Authority to receive documents for and effectuate service on its domestic subjects. When countries have no agreements or treaties like the Hague Service Convention, a common method for service of process is through diplomatic channels. Because this method usually involves agencies, like the Ministry of Foreign Affairs, of both countries to transmit the documents, it takes much longer.

 

Efforts of International Service

 

In order to have a more predictable time frame of effectuated service and reduce costs for serving through the Central Authority, many parties who bring international lawsuits against a foreign defendant try to do so via service by mail. In such a scenario, the plaintiff directly sends legal documents to the defendant by express delivery (such as DHL, UPS, or FedEx) or mail service.

 

Article 10(a) of the Convention states that it would not interfere with direct service by mail provided the state of destination does not object. Historically, there were two interpretations of Article 10(a):

 

  • The sending of judicial documents does not include service of process, and the only method of service allowed by the Convention is through the Central Authority. Whether or not the destination sovereign has objected, service by mail is prohibited; or
  • The sending of judicial documents does include service of process, and if the destination sovereign has not objected, service by mail is allowed. If the destination sovereign has objected, then it is prohibited.

 

As can be seen, international service of process can be complicated. More details on this case can be found in our second part of this series.

 

More on this topic can be found here.

Attorneys and paralegals frequently ask “Is Argentina a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Argentina is a member.

This means that process service in Argentina must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Argentina has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Argentina’s central authority is the only recognized agency for service. Even further, Argentina has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Argentina’s requirements means you will lose time and money.

When you have a service request for Argentina, make sure to hire someone that knows Argentina’s rules but also guarantees their translations. Argentina routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Argentina . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Argentina for accuracy to Argentina’s specific requirements. We are happy to help you serve documents in Argentina, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is Vietnam a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Vietnam is a member.

This means that process service in Vietnam must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Vietnam has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Vietnam’s central authority is the only recognized agency for service. Even further, Vietnam has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Vietnam’s requirements means you will lose time and money.

When you have a service request for Vietnam, make sure to hire someone that knows Vietnam’s rules but also guarantees their translations. Vietnam routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Vietnam . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Vietnam for accuracy to Vietnam’s specific requirements. We are happy to help you serve documents in Vietnam, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is Sweden a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Sweden is a member.

This means that process service in Sweden must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Sweden has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Sweden’s central authority is the only recognized agency for service. Even further, Sweden has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Sweden’s requirements means you will lose time and money.

When you have a service request for Sweden, make sure to hire someone that knows Sweden’s rules but also guarantees their translations. Sweden routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Sweden . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Sweden for accuracy to Sweden’s specific requirements. We are happy to help you serve documents in Sweden, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is Switzerland a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Switzerland is a member.

This means that process service in Switzerland must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Switzerland has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Switzerland’s central authority is the only recognized agency for service. Even further, Switzerland has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Switzerland’s requirements means you will lose time and money.

When you have a service request for Switzerland, make sure to hire someone that knows Switzerland’s rules but also guarantees their translations. Switzerland routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Switzerland . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Switzerland for accuracy to Switzerland’s specific requirements. We are happy to help you serve documents in Switzerland, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is Turkey a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Turkey is a member.

This means that process service in Turkey must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Turkey has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Turkey’s central authority is the only recognized agency for service. Even further, Turkey has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Turkey’s requirements means you will lose time and money.

When you have a service request for Turkey, make sure to hire someone that knows Turkey’s rules but also guarantees their translations. Turkey routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Turkey . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Turkey for accuracy to Turkey’s specific requirements. We are happy to help you serve documents in Turkey, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is the United Kingdom a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, the United Kingdom is a member.

This means that process service in the United Kingdom must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, the United Kingdom has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, the United Kingdom’s central authority is the only recognized agency for service. Even further, the United Kingdom has special requirements for their pleadings and transmittal of the service documents. Failure to comply with the United Kingdom’s requirements means you will lose time and money.

Ancillary has decades of experience serving process in the United Kingdom . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its submissions to the United Kingdom for accuracy to the United Kingdom’s specific requirements. We are happy to help you serve documents in the United Kingdom, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is France a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, France is a member.

This means that process service in France must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, France has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, France’s central authority is the only recognized agency for service. Even further, France has special requirements for their pleadings and transmittal of the service documents. Failure to comply with France’s requirements means you will lose time and money.

When you have a service request for France, make sure to hire someone that knows France’s rules but also guarantees their translations. France routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in France . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to France for accuracy to France’s specific requirements. We are happy to help you serve documents in France, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is Spain a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Spain is a member.

This means that process service in Spain must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Spain has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Spain’s central authority is the only recognized agency for service. Even further, Spain has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Spain’s requirements means you will lose time and money.

When you have a service request for Spain, make sure to hire someone that knows Spain’s rules but also guarantees their translations. Spain routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in Spain . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Spain for accuracy to Spain’s specific requirements. We are happy to help you serve documents in Spain, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.

Attorneys and paralegals frequently ask “Is South Korea a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.

The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, South Korea is a member.

This means that process service in South Korea must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, South Korea has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, South Korea’s central authority is the only recognized agency for service. Even further, South Korea has special requirements for their pleadings and transmittal of the service documents. Failure to comply with South Korea’s requirements means you will lose time and money.

When you have a service request for South Korea, make sure to hire someone that knows South Korea’s rules but also guarantees their translations. South Korea routinely sends documents back to attorneys for improper translations. Ancillary Legal knows how to avoid this problem.

Ancillary has decades of experience serving process in South Korea . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to South Korea for accuracy to South Korea’s specific requirements. We are happy to help you serve documents in South Korea, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.