Introduction
In U.S. litigation, the first issue is not the substance of the dispute but whether the defendant has been properly served with the summons and complaint. Service of process is the formal procedure by which a defendant is notified of a lawsuit and provided with the documents necessary to respond. It is a fundamental component of due process, meaning that a court cannot exercise authority over a defendant unless service has been carried out in accordance with the applicable rules.
Using the Hague Convention for International Service
Service of process is critical in cross-border litigation. As per Rule 4(f) and Rule 4(h) of the Federal Rules of Civil Procedure, when service occurs between the United States and a foreign country that is a signatory to an international treaty governing service, both parties are required to comply with that treaty [1]. The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Convention) most notably sets out the exclusive means of effecting valid service abroad and establishes a standardized procedure for serving judicial documents across borders. U.S. courts, including the Supreme Court in Volkswagenwerk Aktiengesellschaft v. Schlunk [2], have confirmed that the Hague Convention is mandatory where there is occasion to transmit a judicial or extrajudicial document for service abroad.
Specifically, the Hague Convention requires each signatory state designates a Central Authority to receive and execute requests for service from abroad [3]. In practice, a U.S. party submits the summons, complaint, and a Hague Request form (with translations where required) to the foreign Central Authority [4]. The Central Authority then arranges service through local courts or officials. Once service is complete, the Central Authority issues a Certificate of Service back to the requester.
Alternative Service and Results of No Response
Articles 8 and 10 permit alternative service methods unless the destination state objects [5]. Examples of such service methods are such as service through postal channels or local agents.
Hague service is often slow, taking months or longer depending on the country. Article 15 provides that if no certificate of service is received after six months despite proper transmission, a court may still enter default judgment, provided it is satisfied the defendant received sufficient notice [6].
China as an Example
The Central Authority in China is the Ministry of Justice [7]. The requesting party must submit translated documents and follow the procedures specified by the receiving country. In China, submitting through the Ministry of Justice is the only valid method for service as China has formally objected to these articles. Other services by mail, courier, or email are invalid there. If a plaintiff tries these methods, Chinese companies can object and potentially undermine the enforceability of any default judgment in China [8]. Thus, insisting on strict compliance with the Convention preserves both procedural rights and future defenses.
May you have any questions or request, feel free to contact us.
Cited
[1] Federal Rules of Civil Procedure. Washington, D.C.: United States Courts, revised December 1, 2023. https://www.uscourts.gov/file/78323/download. Accessed October 9, 2025.
[2] Volkswagenwerk Aktiengesellschaft v. Schlunk, Administrator of the Estates of Schlunk et al., 486 U.S. 694 (1988). Washington, D.C.: Supreme Court of the United States, June 20, 1988. https://tile.loc.gov/storage-services/service/ll/usrep/usrep486/usrep486694/usrep486694.pdf. Accessed October 9, 2025.
[3] [5] [6] Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Hague, Netherlands: Hague Conference on Private International Law (HCCH), November 15, 1965. https://www.hcch.net/en/instruments/conventions/full-text/?cid=17. Accessed October 9, 2025.
[4] United States Department of Justice. New Instructions on Serving under the Hague Convention. Washington, D.C.: U.S. Department of Justice, Civil Division, 2014. https://www.justice.gov/sites/default/files/civil/legacy/2014/08/08/NEW%20Instructions%20on%20Serving%20under%20the%20Hague%20Convention.pdf. Accessed October 9, 2025.
[7] Hague Conference on Private International Law (HCCH). China – Central Authority & Practical Information. The Hague, Netherlands: HCCH, updated 2025. https://www.hcch.net/en/states/authorities/details3/?aid=243. Accessed October 9, 2025.
[8] United States Department of State. China: Judicial Assistance Information. Washington, D.C.: Bureau of Consular Affairs, updated 2024. https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-Information/China.html. Accessed October 9, 2025.
