Tag Archive for: Internaitonal

France’s highest court, the Court of Cassation (CoC), ruled earlier this month to resolve procedural issues in favor of six not-for-profit groups in their lawsuit against oil giant Total Uganda.

 

In 2019, six French and Ugandan nonprofit civil society organizations (CSOs) brought a lawsuit against Total Uganda. According to an article published by Jurist.org, he CSOs included:

  • Friends of the Earth France,
  • Survie;
  • National Association of Professional Environmentalists (NAPE); and
  • Navigators of Development Organization (NAVODA).

 

The Case

The CSOs argued that Total Uganda’s oil projects in Tanzania and Uganda violated France’s new duty of vigilance law, which required the oil giant to prevent human rights violations and environmental harm. The law holds France-based parent companies of transnational corporations responsible for the effect of their actions globally.

The plaintiffs and defendants have been fighting over procedural issues for two years. The plaintiff-CSOs claim their case should have been heard by a civil court, while defendant Total Uganda argued that the case should be evaluated in a commercial court. In January 2020, a Nanterre civil court held that jurisdiction over the legal dispute fell under commercial courts. In October of the same year the decision was affirmed by the Versailles Court of Appeal. In response to that decision, the CSOs appealed to the CoC. The CoC recognized in its recent decision that the CSOs have a right to choose litigation in a civil or a commercial court because they are non-commercial plaintiffs. As a result of the CoC’s decision, the plaintiffs’ case will be heard on the merits in Nanterre’s civil court.

 

The Takeaway

 

The Total Uganda case is the first of its kind based on France’s law on the duty of vigilance of transnational companies. Unlike commercial courts that draw their legitimacy from knowledge of the business world, lawsuits that are brought under France’s duty of vigilance law address the protection of the planet as well as human rights. As a result, the legal dispute cannot be turned into a purely commercial matter. The decision by the CoC falls in line with a recently adopted law by the French Parliament, which is expected to be enacted into procedural law soon, that gives Paris civil courts jurisdiction over all cases that are based on France’s duty of vigilance law.

For service of process in France, visit our site. 

For more information on the Total Uganda case, visit here. For more information on France’s duty of vigilance law, visit here.

 

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.

 

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.

Attorneys and paralegals frequently ask “Is Japan 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, Japan is a member.

This means that process service in Japan 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, Japan has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Japan’s central authority is the only recognized agency for service. Even further, Japan has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Japan’s requirements means you will lose time and money.

When you have a service request for Japan, make sure to hire someone that knows Japan’s rules but also guarantees their translations. Japan 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 Japan . We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Japan for accuracy to Japan’s specific requirements. We are happy to help you serve documents in Japan, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.