Treaty procedures, alternatives and the delay that must be planned for.
Esshaki Legal Media TeamCurrent as of March 2026
Service abroad is governed by treaty where one applies, and its requirements are
mandatory rather than optional.
The service convention applies where the address of the person to be served
is known and the state of destination is a party. Transmission is through each
country’s central authority, which effects service under its internal law and
returns a certificate.
Timing. Months, commonly six to twelve, and longer for some destinations.
This must be built into the case schedule and into any limitations analysis at
the outset.
Objections to postal service. Many states have objected to service by postal
channels, and where an objection exists, mail service is invalid regardless of
actual receipt.
Alternatives. Service on a domestic subsidiary or agent where authorized;
service by means the court orders that are not prohibited by international
agreement, including electronic means in appropriate cases; and waiver of
service, which is often the fastest route where the defendant is represented.
Countries not party to a convention are served under letters rogatory, which
are slower still, or under methods permitted by the foreign country’s law.
Translation of the documents is generally required and takes time and money.
Consequences of error. A default judgment obtained on defective service will
not be recognized abroad, which makes shortcuts self-defeating where enforcement
will be needed.