the Hague Convention
oldest clients calls your office. Your client
explains that his Dutch customer has
refused to pay more than $1 million that
it owes to your client for the manufacture
and sale of certain solar panels that it
purchased from your client.
You immediately ask yourself, "How
do we sue someone in the Netherlands?"
You know this will not be as simple as
sending a process server to someone's
place of business with a copy of the
complaint. But it is not dramatically more
difficult either.
The most relevant international
agreement for service of process
outside the United States is the Hague
Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in
Civil or Commercial Matters (the "Hague
Convention"). The Hague Convention
is a multilateral treaty designed to
simplify the methods for serving process
internationally. Its aim is to ensure that
defendants sued in foreign countries
receive timely notice of suit. Many
unaware of the Convention's nuances,
including the methods of service that
the Hague Convention affords. Possible
approaches to service under the Hague
Convention are listed below. It is
important to note, however, that the
Hague Convention permits countries
to opt out of one or more forms of
service. You should consult the State
Department's website to confirm that the
subject jurisdiction has not opted out of
the particular method of service that you
are considering.
foreign government officials, often the
police. All courts in signatory countries
regard this form of service as sufficient.
Thus, any judgment your client might
obtain is fully enforceable. Some
countries permit only this type of service
of foreign process. You must use proper
forms, and all documents, including the
summons and the complaint, must be
translated into the local language.
for Service Abroad (form USM 94)
from the U. S. Marshal's Service's
website. You are permitted to complete
the form as the requesting authority.
The completed form, two copies of the
papers for service, and translations
of all papers are sent to the central
authority for the country in question. Be
cognizant of translation issues, as you
might have to provide the documents
in multiple languages. You should
consult local counsel in your foreign
jurisdiction for guidance. Primerus
firms can work together in such cases.
Be sure to visit the Primerus website
to determine which Primerus firm is
located in the jurisdiction where you
need to effect service.
The Hague Convention provides for
service of process in a manner typically
used by the recipient country in
domestic actions, which you can select
with input from your foreign counsel.
You can avoid collateral challenges by
selecting a form of service that satisfies
on business and commercial litigation matters, representing
domestic and foreign clients in various disputes. In addition
to handling commercial litigation cases, he has experience in
other areas, including employment litigation, products liability,
construction litigation and general liability. He is also active in pro
bono work.
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