Tag Archive for: international

International Service by Mail: Allowed and Effective?

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…

Lawsuit Not Dismissed Despite Ineffective and Untimely Service

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.  …

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

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…

Served With a Lawsuit From Overseas? Understanding the Hague Convention

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…

The Hague Convention on Child Adoption

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…

Serving a Tawainese Defendant by Mail

Serving a Tawainese 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…

How to Serve a Chinese Company

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…

Hague Convention Service: Understanding the Process

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…

Need to depose a witness located in the United Kingdom? What U.S. Lawyers Should Know.

If you need to depose a witness located in the United Kingdom on behalf of one of your American clients, there are several things you should know. Below is a basic primer on the process, what to expect, and what pitfalls to avoid. Subpoena or Agreement of Testimony Lawyers who are wanting to depose a…

Hungary’s Asylum Criminal Law Violates European Union Law, According to EU Court

The EU’s Court of Justice of the European Union (CJEU) recently ruled that Hungary’s law that criminalizes organization support for asylum seekers violated European Union law. Hungary’s Law The law at issue is Hungary’s asylum law. The law restricts asylum admissibility, permits restrictions on freedom of movement for offending suspects, and criminalizes activities that aids…

International Service of Process by Mail Allowed by Brazil’s Highest Court

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…

France’s Highest Court Gives Procedural wins to Civil Society Organizations

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,…