Tag Archive for: process serving

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.

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.

 

On May 8, 2019, the Higher Regional Court of Frankfurt (“HRCF”) in Germany held that although a translation of the statement of claim is not required under the law, a plaintiff is responsible for doing so if he or she opts for a translation under Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (the “Regulation”). If the process of service of the statement of claim (“statement”) is delayed for lack of translation, the plaintiff bears the legal risk under applicable German law that the time limitations on filing a suit are not tolled because the statement was served months after the filing.

 

The Case

 

The lawsuit was filed by a plaintiff-insolvency administrator against a defendant that was domiciled in France. According to applicable law, the deadline to file a claim expired on December 31, 2015. Plaintiff initiated the claim on December 15, 2015 at Darmstadt Regional Court (“DRC”) without a translation of the statement of the claim. Instead, the plaintiff asked the DRC to obtain a translation and paid the fee in advance to the court. DRC had difficulty finding a translator and, as a result, only received the translated statement of claim in October of 2016. The translated statement of claim was served on the defendant in December of 2016. Not surprisingly, the defendant alleged the statute of limitations had passed.

 

Court Decisions

 

The DRC ruled in plaintiff’s favor, allowing the case to proceed, and cited Section 167 of the German Code of Civil Procedure (“ZPO”). UnderSection 167, the deadline to serve a statement of claim is suspended with its filing if it is served “in the near future” and the party seeking service did not cause the delay. The DRC found that the delay in the service of the statement of claim was not due to the plaintiff but, rather, the court’s slow handling of the translation. Defendant appealed.

 

The HRCF reversed the DRC’s decision and dismissed the lawsuit, determining it was statute-barred. The HRCF held that the plaintiff did not do all that was reasonably required to ensure service was effectuated “in the near future” under Section 167 of the ZPO. The court did not address the question of whether service of a statement of claim a year after its filing could be construed as “in the near future.” The HRCF held that under Article 5(1) of the Regulation, the plaintiff is not required to provide a translation of the statement of claim for the defendant. That being said, Article 8(1) of the Regulation allows a defendant to refuse service if he or she does not understand the content of the document or it is written in another language than that of the receiving member state. If a defendant refuses to accept, then the document must be served with a translation. Notably, the relevant service date for tolling a statute of limitation under Article 8(3) of the Regulation is the initial service attempt.

 

For more information on the case, visit Baker McKenzie’s Global Litigation News.

For international service of process; visit Ancillary Legal.

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.