Service of Process

Serving Chinese Defendants—Another Problematic Decision

An order last week in Teetex, LLC v. Zeetex, LLC illustrates some common and problematic approaches to serving process on defendants in China. When service under the Hague Service Convention had not been accomplished within six months, the district court authorized service by email on the defendant’s general manager in China and the general manager’s…

Continue Reading

How California Broke the Hague Service Convention

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters sets forth the rules for serving process on a defendant in another country that is party to the Convention. Under the terms of the Convention, service by mail is not permitted if the nation where the foreign defendant…

Continue Reading

SDNY Rejects Service by Email on Chinese Companies

In Smart Study Co. v. Acuteye-US, a federal court in the Southern District of New York (Judge Gregory Woods) rejected service by email on Chinese companies in a trademark and copyright infringement case. China and the United States are parties to the Hague Service Convention. The court reasoned that the Convention precludes service by email,…

Continue Reading

A Primer on State Law in Transnational Litigation

[Editors: This post is one in a series of Primers on topics in transnational litigation. Primers on each of the topics listed in the Topics menu are planned, and some already appear on the relevant topic pages.] The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the…

Continue Reading

Nonperforming States and the Hague Service Convention: What to Do About Russia

The Hague Service Convention is supposed to provide a reliable means of serving process abroad. But what can the United States do about countries like Russia that refuse to execute U.S. requests for service? In an earlier post, I suggested that the Convention could be interpreted, or reinterpreted, to permit service by email in states…

Continue Reading

District Court Quashes Substituted Service on Chinese Defendant

In a recent decision, Topstone Communications, Inc. v. Chenyi Xu, a federal court in Texas (Judge Keith Ellison) held that a plaintiff headquartered in Texas must serve defendants based in China by using the Hague Service Convention. The opinion provides a good analysis of how both substituted service on a state official and service by email…

Continue Reading

Substituted Service and the Hague Service Convention

Can state law be used to avoid a federal treaty, even though the Supremacy Clause of the U.S. Constitution makes treaties supreme over state law? The somewhat surprising answer is yes—at least when it comes to the Hague Service Convention and state rules on substituted service. The Hague Service Convention governs transnational service of process…

Continue Reading

Service by Email and the Hague Service Convention

The Hague Service Convention was concluded in 1965. So how does the most important means of communication today fit with the Convention?

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Peter B. "Bo" Rutledge

University of Georgia School of Law
Bio | Posts

Linda J. Silberman

New York University School of Law
Bio | Posts

Geneviève Saumier

McGill University Faculty of Law
Bio | Posts

David L. Sloss

Santa Clara University School of Law
Bio | Posts

Philippa Webb

King's College London
Bio | Posts

Robert Kry

MoloLamken LLP
Bio | Posts

Katie Burghardt Kramer

DGW Kramer LLP
Bio | Posts

Ellen Nohle

Yale Law School
Bio | Posts

Chris Ewell

EarthRights International
Bio | Posts

Oona A. Hathaway

Yale Law School
Bio | Posts