By: Akanksha A. Panicker
Service of process abroad means that there is absolutely no way to escape the Hague Convention, even if one wished to. This is doubtful, however, as the Hague Convention essentially compiled conflicting internal laws of over 73 countries into framework legislation intended to standardize service of process regardless of where one lives.
The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (commonly referred to as the “Hague Convention”) is an international treaty formulated in 1964 and ratified in 1967. The purpose of the Convention was to establish a streamlined service of process mechanisms and facilitate service regardless of where an individual is situated. Properly construing its provisions means understanding the United States Constitution.
The primary innovations of the Convention are [A.] the Establishment of a Central Authority or Authorities in each country as the receiving agent for service requests from other contracting countries, [B.] mandating the use of three model forms for the transmission of requests abroad, and the return of executed requests and [C.] a broad elimination of the involvement of domestic and foreign courts.