HAGUE CONVENTION OF 15 NOVEMBER 1965 ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
HAGUE CONVENTION OF 15 NOVEMBER 1965 ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS (“CONVENTION”)
Purpose of the Convention: Provides channel of transmission to be used when a judicial or extra judicial document is to be transferred from one state party to the convention to another state party for service in the latter.
Is it applicable to India?
India being one of the parties to this Convention is bound by this Convention for service of judicial and extrajudicial documents in civil or commercial matters. The authority in India which deals with such matters is Central Authority, The Ministry of Law and Justice, Department of Legal Affairs. The complete details of the authority are available here.
Is it applicable to United States of America?
USA being one of the parties to this Convention is also bound by this Convention for service of judicial and extrajudicial documents in civil or commercial matters. The authority in USA which deals with such matters is U.S. Department of Justice, Civil Division, Office of International Judicial Assistance, Benjamin Franklin Station. The complete details of the authority are available here.
When does the Service Convention Apply?
If all the following are requirements are met, the transmission channels provided for under Convention must be applied-
- a documents is to be transmitted from one state party to the Convention to another state party for service in the latter. Please note that it is the law of the forum State that determines whether or not a document has to be transmitted abroad for service in the other state as the Convention is not mandatory.
- an address of the person to be served is known;
- the document to be served is a judicial or extrajudicial document;
- the document to be served relates to a civil or commercial matter;
Complete details of the communication channel are available here.
Image from here