Hague Service Convention

The Hague Service Convention was designed 1) to provide a simpler way to serve process abroad, 2) to assure that defendants sued in foreign jurisdictions would receive actual and timely notice of suit, and 3) to facilitate proof of service abroad. The Convention is a highly regarded and very functional treaty which facilitates the exchange of thousands of service requests annually between member nations.

Service may be made by “formal” service through the Central Authority of the country of destination which itself arranges for service by methods prescribed in the treaty. Each signatory nation may impose reservations (restrictions) regarding limits of service, such as prohibition against service by private process server. All reservations must be properly filed with the Hague Conference on Private International Law.

Prior to the enactment of the Hague Service Convention, service of process in civil cases was generally effected by means of a Letter Rogatory, by a formal request from the court in the country where proceedings were initiated to a court in another country where the party on whom service was to be made resided or operated a business. Although no longer required for service in nations which are signatories to the Hague Service Convention, the Letters Rogatory procedure is still used for service in many non-Hague countries where enforcement of judgment (attachment of assets) is anticipated. It is also used for service of a civil subpoena.

Documents to be served in a Hague Service Convention nation must be translated into the official language of that country.

Read the full text of the Hague Service Convention here.

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International Service of Process