Hague Service Convention: Legal Document Exchange Across Borders

Why in News?

 The Hague Service Convention ensures smooth cross-border service of judicial documents. India, a signatory since 2006, follows strict procedures under the Ministry of Law and Justice, impacting international legal cases and judicial cooperation.

Hague Service Convention: Legal Document Exchange Across Borders

About the Hague Service Convention:

  • The Hague Service Convention (1965) is an international treaty for the service of judicial and extrajudicial documents in civil and commercial matters across borders.
  • Ensures timely and valid legal notifications to defendants in foreign jurisdictions, safeguarding due process rights.
  • India became a signatory in 2006, with specific reservations on alternative service methods.

Implementation in India

  • Each member country designates a central authority for handling service requests.
  • In India, the Union Ministry of Law and Justice serves as the central authority.
  • Foreign summons cannot be served via postal or diplomatic channels unless the recipient is a national of the requesting country.
  • All requests must be in English or accompanied by an English translation.

Legal Process and Challenges

  • Approved requests are treated as summons issued by an Indian court under the Code of Civil Procedure, 1908.
  • The process takes around six to eight months.
  • If a state refuses cooperation, a default judgment can be issued under Article 15, even if a service certificate is not received.
  • Indian courts can proceed with default judgments, ensuring cases are not delayed indefinitely.