Avoiding the Hague: How to Serve A Foreign Corporation Through Its American Subsidiary


New York Times writer Thomas Friedman contended in his book, The World is Flat: A Brief History of the Twenty-First Century, that globalization leads to increasing relevance of the global marketplace while concurrently decreasing the relevance of geographical divisions. This was not news to most litigators.  Among many issues globalization has foisted upon litigators and clients is the increased cost associated with simply serving foreign entities to initiate the litigation.  Litigants must familiarize themselves with the "Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters," more commonly called the Hague Service Convention.  While the Hague Service Convention requires its sixty-two signatories to designate a "Central Authority" for service, each country differs in the way service is effected.  And these differences are costly.

Excerpted from Association of Business Trial Lawyers Report, Orange County, Volume XIII, No. 1, Summer 2011.  To read the full article, click here.

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