The Hague Convention On The Service Abroad Of Judicial And Extrajudicial Documents In Civil Or Commercial Matters often referred as “The Hague Service Convention”, is an international treaty that addresses the practical challenges of serving judicial and extrajudicial documents/ summons/ notices across borders. Currently, with 84 contracting states including India, it provides a standardized framework for document service in civil and commercial matters.

It aims to ensure that the documents served abroad in a manner as provided, is acceptable to the Courts in that jurisdiction. The convention streamlines the process of serving documents in foreign countries, reducing the time and complexity associated otherwise. The Service Convention provides clear rules and procedures, the convention enhances legal certainty and predictability for parties involved in cross-border litigation.

This Convention is generally invoked when there is a foreign Defendant / Party/ Opponent in a case and it protects the Defendant incase the service is not in accordance with the convention.

MODES OF SERVICE OF SUMMONS

Common Terms:

State of Origin: The state from which the summons is dispatched.

State of Destination: The state to which the summons is directed.

Contracting States: States that are signatories to the Hague Service Convention.

Central Authority: The Office designated by the Contracting State to be receiving request of service of judicial document.

Procedure of Service

Each country designates a “Central Authority” to handle incoming requests for service of documents. As per the procedure, the request for service must be in the format / Model Form provided under the convention. The Request must be translated in French/ English/ translated into the language of the contracting authority as may be required. Thereafter, the Central Authority shall forward the request and serve the judicial document and provide proof of service or write reasons why the service could not be affected. Once service is completed, the Central Authority issues a Certificate of Service, which acts as a proof that the documents have been properly served.

It must be noted that the convention provides other options for serving documents i.e. through diplomatic or consular channels, postal channels, direct communication between judicial officers, officials or other competent persons; and direct communication between an interested party and judicial officers, officials or other competent persons, if accepted by the relevant jurisdiction. Hence, it is essential to check for reservations in the Convention by the contracting states regarding other modes of service.

The petitioner/plaintiff/applicant is responsible for the expenses incurred in engaging a judicial officer or a competent authority for the service of summons and for employing a specific method of service. If the Petitioner/ Applicant/Plaintiff faces any difficulties in the transmission of judicial documents for service, it shall be addressed through diplomatic channels of the Contracting States.