Hague Service Convention
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, opened for signature Nov. 15, 1965 (entered into force for the U.S. Feb. 10, 1969).
Purpose
Establishes a uniform international mechanism for serving judicial documents across borders in civil and commercial matters. Replaces earlier letters rogatory procedures between contracting states.
Central Authority System
Each contracting state designates a Central Authority to receive requests for service transmitted from other states. The Central Authority effects service and returns a certificate of service.
U.S. Central Authority: U.S. Department of Justice (Civil Division).
Article 10 — Alternative Methods
Permits service by postal channels, diplomatic or consular agents, and judicial officers of the destination state — but only if the destination state does not object. Many states (including Germany, China, and Japan) have objected to Article 10 methods, making Central Authority service mandatory.
Mandatory and Exclusive Application
Volkswagenwerk AG v. Schlunk (1988): The Convention applies whenever service abroad is required under the law of the forum state. Its application is mandatory and exclusive — if the Convention governs, its procedures must be followed. Courts cannot permit service by methods not authorized under the Convention if service abroad is required.