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 authorised; 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 recognised abroad, which makes shortcuts self-defeating where enforcement will be needed.