How to Serve Someone in Mexico It happens more often than you would think that a plaintiff needs to sue a defendant who does not live in the United States. No matter what type of case you may be pursuing, a series of issues may arise regarding providing the soon-to-be defendant notice of any pending…
The supreme court of Brazil, known as the Supreme Federal Court (STF), recently ratified the ruling of an American court regarding a legal dispute between an American and Brazilian company. The Case The matter at issue involves a decision by a New York court that ordered copyright distributor Latin Stock Brazil Produces to pay…
France’s highest court, the Court of Cassation (CoC), ruled earlier this month to resolve procedural issues in favor of six not-for-profit groups in their lawsuit against oil giant Total Uganda. In 2019, six French and Ugandan nonprofit civil society organizations (CSOs) brought a lawsuit against Total Uganda. According to an article published by Jurist.org,…
On May 8, 2019, the Higher Regional Court of Frankfurt (“HRCF”) in Germany held that although a translation of the statement of claim is not required under the law, a plaintiff is responsible for doing so if he or she opts for a translation under Regulation (EC) No. 1393/2007 on the service in the Member…
Is formal service of process required when serving foreign defendants located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (Hague Convention)? The short answer is “yes.” According to the Hague Convention, foreign defendants located in signatory countries must be served according to the international…
Investigation Exposes Weaknesses in Vatican City’s Judicial System A recent criminal investigation into a Vatican City real estate investment has revealed weaknesses in the Holy See’s judicial system, including a lack of protections for those accused. The result, it seems, is that the judicial system and procedures are incompatible with European norms. Understanding…
In our last post, we explained that the Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is a multilateral treaty adopted on November 15, 1965 by member nations of the Hague Convention on Private International Law (the “Convention”). This Hague Service Convention created unified rules…
When it comes to international litigation, things can get complicated. Not only are you dealing with international laws and foreign sovereigns, but the rules and regulations governing international service of process also differs vastly from rules applicable to domestic cases. The Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial…
Perhaps one of the less common tasks that an attorney needs to oversee, international service of process can be more complicated than serving a defendant domestically. For this reason, attorneys need to know what this involves and how to ensure international service of process is effectuated properly. Many issues can arise when serving a defendant…
Courts in China, specifically in Hong Kong, have demonstrated its legal system’s continuing embrace of technology. The city’s Court of First Instance — the highest court in Hong Kong that can hear a case at first instance with unlimited jurisdiction in criminal and civil matters — granted the plaintiff’s application for service of process through…
Letters rogatory are the customary means of obtaining judicial assistance from overseas in the absence of a treaty or other agreement. Letters rogatory are requests from courts in one country to the courts of another country requesting the performance of an act which, if done without the sanction of the foreign court, could constitute a…
The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, the largest multilateral treaty governing service of process abroad, came into force for the United States on Feb. 10, 1969. The United States and 54 other countries are signatories to this convention. The Hague Convention was established in 1965 in order to create…
