Abstract
In transnational litigation, the permissibility of electronic service methods, such as email or social media, is a common issue in U.S. law. The primary treaty governing this issue is the Hague Service Convention. When the convention was signed, email had not yet been introduced, leaving the treaty silent on whether email service is allowed. Two key provisions of the Hague Service Convention are relevant: Article 10(a), which governs service by postal mail, and Article 19, which addresses methods of service prescribed by the internal laws of the destination country. Unfortunately, U.S. federal courts remain divided on whether email service is permitted under the Hague Service Convention, with conflicting case law further complicating the matter. This lack of uniformity and clarity has created confusion for practitioners and challenges in securing the appearance of defendants in U.S. federal courts. This study argues that: (1) federal courts should unify in ruling that email service is permissible under the Hague Service Convention; (2) Article 19 allows service methods prescribed by the destination country’s internal law, which could include email; and (3) service by social media may serve as a suitable alternative to email service in certain cases.
Details
Presentation Type
Theme
KEYWORDS
TRANSNATIONAL LITIGATION, ELECTRONIC SERVICES, HAGUE CONVENTION
