Source: TH
Context: The U.S. Securities and Exchange Commission (SEC) invoked the Hague Service Convention to serve summons on Gautam Adani and Sagar Adani in a securities fraud case.
About Hague Service Convention:
- What is the Hague Service Convention?
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- A multilateral treaty adopted in 1965 at the Hague Conference on Private International Law (HCCH).
- Establishes a standardized process for serving judicial and extrajudicial documents in civil and commercial matters across international borders.
- Ensures defendants in foreign jurisdictions receive timely legal notices while facilitating proof of service.
- Implementing Organisation: Administered by the Hague Conference on Private International Law (HCCH).
- Coverage Under the Convention:
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- Applies only to civil and commercial matters (criminal cases are excluded).
- Applicable when both the requesting and receiving countries are signatories.
- 84 countries, including India and the U.S., are parties to the Convention.
- Key Features of the Convention:
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- Central Authority Mechanism: Each country must designate a central authority for processing service requests.
- Alternative Channels (varies by country): Some nations allow postal service, diplomatic and consular channels, judicial officer communications, and direct service via local authorities.
- Objections & Refusal: A state can refuse service requests under Article 13 if it compromises sovereignty or security.
- Proof of Service: Once service is executed, an acknowledgment certificate is issued to the requesting country.
- Default Judgment Protection: If service is not executed within six months, the requesting country can seek a default judgment under Article 15.
- What is Excluded from the Convention?
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- Criminal proceedings (only civil and commercial matters are covered).
- Service via diplomatic or consular channels unless the recipient is a national of the requesting country.
- Methods outside of central authority processing, such as direct service via email, unless specifically allowed by the receiving state.
