Tag Archive for: international

Serving a Defendant Abroad? Three Common International Service Problems

/in , , , /by

Issues with international service of process can cause significant headaches for the plaintiff trying to pursue a lawsuit against an overseas defendant. International service of process is particularly important when it comes to collecting a judgment issued by a domestic court against a foreign defendant. Below are the three biggest issues that come up when…

Read more

Service of Process at the Vatican City

/in , , /by

The Catholic Church has had several lawsuits filed against it around the world by victims of alleged sexual abuse by the clergy. Attorneys representing survivors have filed claims against the Vatican and argue that the Holy See has benefited from the support of archbishops, parishioners, and others who knew of the abuse and yet actively…

Read more

Head of Catholic Church Calls for End to Anti-LGBTQ+ Laws

/in , , /by

Pope Francis recently criticized laws as unjust that make homosexuality criminal, according to a recent report by The Guardian. The head of the Holy See further noted that God loves all people as they are and called on Catholic bishops to welcome LGBTQ+ into their churches. The Pope acknowledged that some Catholic bishops around the…

Read more

Hague Convention Guides Germany’s Amendments on Pre-Trial Discovery

/in , , /by

Germany Stops Prohibiting Pre-Trial Discovery Under Hague Convention It is no secret that when it comes to international law, judicial power ends at the country’s borders. As a result, courts need help from foreign courts when a party is seeking discovery outside of its jurisdiction. German courts used to flat-out refuse to execute a pre-trial…

Read more

International Service by Mail: Allowed and Effective?

/in /by

Service of process on a foreign defendant can be complicated, as proper service is wholly dependent upon the rules of both countries involved in the litigation as well as any treaty that the nation-states may have agreed to as signatories. One example of such an international agreement is The Convention on the Service Abroad of…

Read more

Lawsuit Not Dismissed Despite Ineffective and Untimely Service

/in /by

An American plaintiff who filed suit against a foreign defendant managed to avoid the case being dismissed by the court. This was despite the service of process being both untimely and improper on the Canadian defendants. Instead, the Massachusetts District Court used its discretion and quashed service and did not throw out the case.  …

Read more

Taking a Deposition of Someone in India? Here are Some Tips

/in /by

Depositions in India   When it comes to taking the deposition of a witness in India, it is crucial to understand what types of depositions are permissible by the court when it comes to the evidentiary value of the testimony. India’s courts have relied heavily on corroboration of witness testimony. Testimony given by a witness…

Read more

Served With a Lawsuit From Overseas? Understanding the Hague Convention

/in /by

When someone is served with a lawsuit that originated overseas, they may not know how different this type of litigation can be from a domestic lawsuit. In such scenarios, if the Plaintiff’s and Defendant’s home country is a signatory to the Hague Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or…

Read more

The Hague Convention on Child Adoption

/in /by

For those who want to be parents, adoption is a viable option and can occur domestically or internationally. The Hague Convention on Protection of Children & Cooperation in Respect of Intercountry Adoption (the “HCCA”) is a multilateral treaty between more than 75 countries, including the United States, that became effective in April 2008. The HCCA…

Read more

Serving a Tawainese Defendant by Mail

/in /by

Serving a Taiwanese Defendant by Mail If you need to serve a foreign defendant, particularly in Taiwan, there are several factors you must take into consideration. Specifically, properly serving a foreign defendant requires complying with United States law, the law of the defendant’s home country, and any international treaty that may exist between the two…

Read more

How to Serve a Chinese Company

/in /by

How to Serve a Chinese Company There are several challenges that plaintiffs may face when trying to assert a claim against a Chinese legal entity. Both the United States and China are member-states and parties to the Hague Convention on the Service Abroad of Judicial & Extrajudicial Documents (the “Hague Service Convention”). The Hague Service…

Read more

Hague Convention Service: Understanding the Process

/in /by

When it comes to international service of process, the Hague Convention is the most common method used to effectuate the service of legal papers intentionally. This is because, in major part, more and more countries have become signatories to the international treaty. Below is a brief explanation of how this process works and will help…

Read more