Since the late 1800s, states have used treaties to simplify the process of cross-border litigation. The Hague Conference on Private International Law has promulgated dozens of such conventions. Major Hague treaties to which the United States is a party address such issues as service of process, discovery and evidence gathering, the certification of public records, and family law issues like divorce, custody, and child support. The United States has also signed but not yet ratified two recent Hague treaties: the 2005 Choice of Court Convention and the 2019 Judgments Convention. The United States is also party to many Mutual Legal Assistance Treaties, which generally apply only to criminal cases.
A Primer on Judicial Assistance Treaties
[This post is one in a series of primers on various topics in transnational litigation. More primers can be found on our topic pages, accessible by clicking Topics at the top of the page.] In transnational litigation it will often be necessary to do something within the territory of another state, such as serve process,…
Continue ReadingDesperately Seeking Interlocutory Appeal
Despite some excellent opinions correctly interpreting the Hague Service Convention (HSC) and Rule 4(f)(3) in recent years, the district courts continue to be deeply divided on recurring questions of international service of process, in particular the permissibility of service by email or by other electronic means. Bill Dodge and I think such questions are clearly…
Continue ReadingNew Decision on Email Service Under the Hague Service Convention
Regular TLB readers may recall that federal district courts are struggling with an important procedural question: whether they may authorize email service when the defendant resides in a country that is party to the Hague Service Convention. In Smart Study Co. v. Acuteye-U.S., Judge Gregory H. Woods (SDNY) held that the answer is no. The…
Continue ReadingFurther Developments in Smart Study
TLB has been following Smart Study v. Happy Party-001, a Chinese counterfeiting case in the Southern District of New York, since Judge Gregory Woods issued his thoughtful opinion last summer concluding that service by email on Chinese defendants is not permitted by the Hague Service Convention (a decision we covered in a prior blog post)….
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