The world of law is a complicated place, especially when it comes to international disputes between citizens and corporations. There is something called the Hague Convention that serves as a treaty between all members of the convention regarding service of process of legal documents. All participants in the Hague Convention agree to utilize a simpler means of serving documents by sending standardized forms through central authorities.
One recent lawsuit out of Florida tested the parameters of the Hague convention when the plaintiff alleged Japanese defendants Honda Motor Co., Ltd. and others of selling cars in the United States with defective airbags. Many of the defendants in this case did not maintain a registered agent for service of process in the United States, despite conducting business in America. This forced the plaintiff to pursue service abroad using the Hague Convention guidelines.
Rule 4(f) of the Federal Rules of Civil Procedure instructs that parties can effect service of process on international defendants “by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention.” This includes using any form of mail that is addressed and sent to the individual and requires a signed receipt. Similarly, Article 10(a) of the Hague Convention confirms that, “if the State of destination does not object, the Hague Convention does not change the freedom to send judicial documents, by postal channels, directly to persons abroad.”
After waiting for the court’s approval, the plaintiff in this case received permission to serve Honda Motor Co., Ltd. in Japan using the regular postal system. This simple process is made possible by the agreements outlined in the Hague Convention to keep many countries around the world within the same communication structure. Only time will tell whether this plaintiff wins his case against multiple international automobile giants.
