CONVENTION ON THE
SERVICE ABROAD OF JUDICIAL
AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
The States signatory to the
present Convention,
Desiring to create appropriate
means to ensure that judicial and extrajudicial documents to be
served abroad shall be brought to the notice of the addressee in
sufficient time,
Desiring to improve the
organisation of mutual judicial assistance for that purpose by
simplifying and expediting the procedure,
Have resolved to conclude a
Convention to this effect and have agreed upon the following
provisions:
Article 1
The present Convention shall apply
in all cases, in civil or commercial matters, where there is
occasion to transmit a judicial or extrajudicial document for
service abroad.
This Convention shall not apply
where the address of the person to be served with the document is
not known.
CHAPTER I -
JUDICIAL DOCUMENTS
Article 2
Each Contracting State shall
designate a Central Authority which will undertake to receive
requests for service coming from other Contracting States and to
proceed in conformity with the provisions of Articles 3 to 6.
Each State shall organise the
Central Authority in conformity with its own law.
Article 3
The authority or judicial officer
competent under the law of the State in which the documents
originate shall forward to the Central Authority of the State
addressed a request conforming to the model annexed to the
present Convention, without any requirement of legalisation or
other equivalent formality.
The document to be served or a
copy thereof shall be annexed to the request. The request and the
document shall both be furnished in duplicate.
Article 4
If the Central Authority considers
that the request does not comply with the provisions of the
present Convention it shall promptly inform the applicant and
specify its objections to the request.
Article 5
The Central Authority of the State
addressed shall itself serve the document or shall arrange to
have it served by an appropriate agency, either -
a) by a method prescribed
by its internal law for the service of documents in domestic
actions upon persons who are within its territory, or
b) by a particular method
requested by the applicant, unless such a method is incompatible
with the law of the State addressed.
Subject to sub-paragraph
(b) of the first paragraph of this Article, the document
may always be served by delivery to an addressee who accepts it
voluntarily.
If the document is to be served
under the first paragraph above, the Central Authority may
require the document to be written in, or translated into, the
official language or one of the official languages of the State
addressed.
That part of the request, in the
form attached to the present Convention, which contains a summary
of the document to be served, shall be served with the
document.
Article 6
The Central Authority of the State
addressed or any authority which it may have designated for that
purpose, shall complete a certificate in the form of the model
annexed to the present Convention.
The certificate shall state that
the document has been served and shall include the method, the
place and the date of service and the person to whom the document
was delivered. If the document has not been served, the
certificate shall set out the reasons which have prevented
service.
The applicant may require that a
certificate not completed by a Central Authority or by a judicial
authority shall be countersigned by one of these authorities.
The certificate shall be forwarded
directly to the applicant.
Article 7
The standard terms in the model
annexed to the present Convention shall in all cases be written
either in French or in English. They may also be written in the
official language, or in one of the official languages, of the
State in which the documents originate.
The corresponding blanks shall be
completed either in the language of the State addressed or in
French or in English.
Article 8
Each Contracting State shall be
free to effect service of judicial documents upon persons abroad,
without application of any compulsion, directly through its
diplomatic or consular agents.
Any State may declare that it is
opposed to such service within its territory, unless the document
is to be served upon a national of the State in which the
documents originate.
Article 9
Each Contracting State shall be
free, in addition, to use consular channels to forward documents,
for the purpose of service, to those authorities of another
Contracting State which are designated by the latter for this
purpose.
Each Contracting State may, if
exceptional circumstances so require, use diplomatic channels for
the same purpose.
Article 10
Provided the State of destination
does not object, the present Convention shall not interfere with
-
a) the freedom to send
judicial documents, by postal channels, directly to persons
abroad,
b) the freedom of judicial
officers, officials or other competent persons of the State of
origin to effect service of judicial documents directly through
the judicial officers, officials or other competent persons of
the State of destination,
c) the freedom of any
person interested in a judicial proceeding to effect service of
judicial documents directly through the judicial officers,
officials or other competent persons of the State of
destination.
Article 11
The present Convention shall not
prevent two or more Contracting States from agreeing to permit,
for the purpose of service of judicial documents, channels of
transmission other than those provided for in the preceding
Articles and, in particular, direct communication between their
respective authorities.
Article 12
The service of judicial documents
coming from a Contracting State shall not give rise to any
payment or reimbursement of taxes or costs for the services
rendered by the State addressed.
The applicant shall pay or
reimburse the costs occasioned by-
a) the employment of a
judicial officer or of a person competent under the law of the
State of destination,
b) the use of a particular
method of service.
Article 13
Where a request for service
complies with the terms of the present Convention, the State
addressed may refuse to comply therewith only if it deems that
compliance would infringe its sovereignty or security.
It may not refuse to comply solely
on the ground that, under its internal law, it claims exclusive
jurisdiction over the subject-matter of the action or that its
internal law would not permit the action upon which the
application is based.
The Central Authority shall, in
case of refusal, promptly inform the applicant and state the
reasons for the refusal.
Article 14
Difficulties which may arise in
connection with the transmission of judicial documents for
service shall be settled through diplomatic channels.
Article 15
Where a writ of summons or an
equivalent document had to be transmitted abroad for the purpose
of service, under the provisions of the present Convention, and
the defendant has not appeared, judgment shall not be given until
it is established that -
a) the document was served
by a method prescribed by the internal law of the State addressed
for the service of documents in domestic actions upon persons who
are within its territory, or
b) the document was
actually delivered to the defendant or to his residence by
another method provided for by this Convention,
and that in either of these cases
the service or the delivery was effected in sufficient time to
enable the defendant to defend.
Each Contracting State shall be
free to declare that the judge, notwithstanding the provisions of
the first paragraph of this Article, may give judgment even if no
certificate of service or delivery has been received, if all the
following conditions are fulfilled-
a) the document was
transmitted by one of the methods provided for in this
Convention,
b) a period of time of not
less than six months, considered adequate by the judge in the
particular case, has elapsed since the date of the transmission
of the document,
c) no certificate of any
kind has been received, even though every reasonable effort has
been made to obtain it through the competent authorities of the
State addressed.
Notwithstanding the provisions of
the preceding paragraphs the judge may order, in case of urgency,
any provisional or protective measures.
Article 16
When a writ of summons or an
equivalent document had to be transmitted abroad for the purpose
of service, under the provisions of the present Convention, and a
judgment has been entered against a defendant who has not
appeared, the judge shall have the power to relieve the defendant
from the effects of the expiration of the time for appeal from
the judgment if the following conditions are fulfilled -
a) the defendant, without
any fault on his part, did not have knowledge of the document in
sufficient time to defend, or knowledge of the judgment in
sufficient time to appeal, and
b) the defendant has
disclosed a prima facie defence to the action on the
merits.
An application for relief may be
filed only within a reasonable time after the defendant has
knowledge of the judgment.
Each Contracting State may declare
that the application will not be entertained if it is filed after
the expiration of a time to be stated in the declaration, but
which shall in no case be less than one year following the date
of the judgment.
This Article shall not apply to
judgments concerning status or capacity of persons.
CHAPTER II -
EXTRAJUDICIAL
DOCUMENTS
Article 17
Extrajudicial documents emanating
from authorities and judicial officers of a Contracting State may
be transmitted for the purpose of service in another Contracting
State by the methods and under the provisions of the present
Convention.
CHAPTER III -
GENERAL CLAUSES
Article 18
Each Contracting State may
designate other authorities in addition to the Central Authority
and shall determine the extent of their competence.
The applicant shall, however, in
all cases, have the right to address a request directly to the
Central Authority.
Federal States shall be free to
designate more than one Central Authority.
Article 19
To the extent that the internal
law of a Contracting State permits methods of transmission, other
than those provided for in the preceding Articles, of documents
coming from abroad, for service within its territory, the present
Convention shall not affect such provisions.
Article 20
The present Convention shall not
prevent an agreement between any two or more Contracting States
to dispense with -
a) the necessity for
duplicate copies of transmitted documents as required by the
second paragraph of Article 3,
b) the language
requirements of the third paragraph of Article 5 and Article
7,
c) the provisions of the
fourth paragraph of Article 5,
d) the provisions of the
second paragraph of Article 12.
Article 21
Each Contracting State shall, at
the time of the deposit of its instrument of ratification or
accession, or at a later date, inform the Ministry of Foreign
Affairs of the Netherlands of the following -
a) the designation of
authorities, pursuant to Articles 2 and 18,
b) the designation of the
authority competent to complete the certificate pursuant to
Article 6,
c) the designation of the
authority competent to receive documents transmitted by consular
channels, pursuant to Article 9.
Each Contracting State shall
similarly inform the Ministry, where appropriate, of -
a) opposition to the use of
methods of transmission pursuant to Articles 8 and 10,
b) declarations pursuant to
the second paragraph of Article 15 and the third paragraph of
Article 16,
c) all modifications of the
above designations, oppositions and declarations.
Article 22
Where Parties to the present
Convention are also Parties to one or both of the Conventions on
civil procedure signed at The Hague on 17th July 1905, and on 1st
March 1954, this Convention shall replace as between them
Articles 1 to 7 of the earlier Conventions.
Article 23
The present Convention shall not
affect the application of Article 23 of the Convention on civil
procedure signed at The Hague on 17th July 1905, or of Article 24
of the Convention on civil procedure signed at The Hague on 1st
March 1954.
These Articles shall, however,
apply only if methods of communication, identical to those
provided for in these Conventions, are used.
Article 24
Supplementary agreements between
Parties to the Conventions of 1905 and 1954 shall be considered
as equally applicable to the present Convention, unless the
Parties have otherwise agreed.
Article 25
Without prejudice to the
provisions of Articles 22 and 24, the present Convention shall
not derogate from Conventions containing provisions on the
matters governed by this Convention to which the Contracting
States are, or shall become, Parties.
Article 26
The present Convention shall be
open for signature by the States represented at the Tenth Session
of the Hague Conference on Private International Law.
It shall be ratified, and the
instruments of ratification shall be deposited with the Ministry
of Foreign Affairs of the Netherlands.
Article 27
The present Convention shall enter
into force on the sixtieth day after the deposit of the third
instrument of ratification referred to in the second paragraph of
Article 26.
The Convention shall enter into
force for each signatory State which ratifies subsequently on the
sixtieth day after the deposit of its instrument of
ratification.
Article 28
Any State not represented at the
Tenth Session of the Hague Conference on Private International
Law may accede to the present Convention after it has entered
into force in accordance with the first paragraph of Article 27.
The instrument of accession shall be deposited with the Ministry
of Foreign Affairs of the Netherlands.
The Convention shall enter into
force for such a State in the absence of any objection from a
State, which has ratified the Convention before such deposit,
notified to the Ministry of Foreign Affairs of the Netherlands
within a period of six months after the date on which the said
Ministry has notified it of such accession.
In the absence of any such
objection, the Convention shall enter into force for the acceding
State on the first day of the month following the expiration of
the last of the periods referred to in the preceding
paragraph.
Article 29
Any State may, at the time of
signature, ratification or accession, declare that the present
Convention shall extend to all the territories for the
international relations of which it is responsible, or to one or
more of them. Such a declaration shall take effect on the date of
entry into force of the Convention for the State concerned.
At any time thereafter, such
extensions shall be notified to the Ministry of Foreign Affairs
of the Netherlands.
The Convention shall enter into
force for the territories mentioned in such an extension on the
sixtieth day after the notification referred to in the preceding
paragraph.
Article 30
The present Convention shall
remain in force for five years from the date of its entry into
force in accordance with the first paragraph of Article 27, even
for States which have ratified it or acceded to it
subsequently.
If there has been no denunciation,
it shall be renewed tacitly every five years.
Any denunciation shall be notified
to the Ministry of Foreign Affairs of the Netherlands at least
six months before the end of the five year period.
It may be limited to certain of
the territories to which the Convention applies.
The denunciation shall have effect
only as regards the State which has notified it. The Convention
shall remain in force for the other Contracting States.
Article 31
The Ministry of Foreign Affairs of
the Netherlands shall give notice to the States referred to in
Article 26, and to the States which have acceded in accordance
with Article 28, of the following -
a) the signatures and
ratifications referred to in Article 26;
b) the date on which the
present Convention enters into force in accordance with the first
paragraph of Article 27;
c) the accessions referred
to in Article 28 and the dates on which they take effect;
d) the extensions referred
to in Article 29 and the dates on which they take effect;
e) the designations,
oppositions and declarations referred to in Article 21;
f) the denunciations
referred to in the third paragraph of Article 30.
In witness whereof the
undersigned, being duly authorised thereto, have signed the
present Convention.
Done at The Hague, on the 15th day
of November, 1965, in the English and French languages, both
texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Netherlands,
and of which a certified copy shall be sent, through the
diplomatic channel, to each of the States represented at the
Tenth Session of the Hague Conference on Private International
Law.
REQUEST FOR SERVICE ABROAD OF
JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the Service Abroad
of Judicial and Extrajudicial Documents in Civil or Commercial
Matters, signed at The Hague, the 15th of November 1965
Identity and address of the
applicant
|
|
Address of receiving
authority
|
The undersigned applicant has the
honour to transmit - in duplicate - the documents listed below
and, in conformity with Article 5 of the above-mentioned
Convention, requests prompt service of one copy thereof on the
addressee, i.e,
(identity and address)
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
………………………………………………………………………………….………………………
a) in accordance with the
provisions of sub-paragraph (a) of the first paragraph of
Article 5 of the Convention*.
...
b) in accordance with the
following particular method (sub-paragraph (b) of the
first paragraph of Article 5)*:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
c) by delivery to the
addressee, if he accepts it voluntarily (second paragraph of
Article 5)*.
The authority is requested to
return or to have returned to the applicant a copy of the
documents - and of the annexes* - with a certificate as provided
on the reverse side.
List of
documents
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Done at………….… , the ……
Date……………………
Signature and stamp
* Delete if inappropriate
CERTIFICATE
The undersigned authority has the
honour to certify, in conformity with Article 6 of the
Convention,
1) that the document has been
served*
• the (date)
……………………………………………………………….…………………………………
• at (place, street, number)
……………………………………………………………….…………………………………
……………………………………………………………….………………………………….
- in one of the following methods
authorised by Article 5:
a) in accordance with the
provisions of sub-paragraph (a) of the first paragraph of
Article 5 of the Convention*.
b) in accordance with the
following particular method*:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
c) by delivery to the
addressee, who accepted it voluntarily* .
The documents referred to in the
request have been delivered to:
• (identity and description of
person)
……………………………………………………………….…………………………………
……………………………………………………………….…………………………………
……………………………………………………………….…………………………………
• relationship to the addressee
(family, business or other):
……………………………………………………………….…………………………………
……………………………………………………………….…………………………………
……………………………………………………………….…………………………………
2) that the document has not been
served, by reason of the following facts*:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
In conformity with the second
paragraph of Article 12 of the Convention, the applicant is
requested to pay or reimburse the expenses detailed in the
attached statement*.
Annexes
Documents returned:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
In appropriate cases, documents
establishing the service:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Done at …………, the ………
Date………………….
Signature and stamp
* Delete if inappropriate
SUMMARY OF THE DOCUMENT TO BE
SERVED
Convention on the Service Abroad
of Judicial and Extrajudicial Documents in Civil or Commercial
Matters, signed at The Hague, the 15th of November 1965.
(Article 5, fourth paragraph)
Identity and
address of the addressee:
IMPORTANT
THE ENCLOSED
DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND
OBLIGATIONS. THE 'SUMMARY OF THE DOCUMENT TO BE SERVED' WILL GIVE
YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD
HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY
TO SEEK LEGAL ADVICE.
IF YOUR
FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION
ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE
COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS
ISSUED.
ENQUIRIES ABOUT THE AVAILABILITY
OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS
ISSUED MAY BE DIRECTED TO:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
It is
recommended that the standard terms in the notice be written in
English and French and where appropriate also in the official
language, or one of the official languages of the State in which
the document originated. The blanks could be completed either in
the language of the State to which the documents is to be sent,
or in English or French.
Name and address of the requesting
authority:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Particulars of the parties*:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
JUDICIAL DOCUMENT**
Nature and purpose of the
document:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Nature and purpose of the
proceedings and, where appropriate, the amount in dispute:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Date and place for entering
appearance**:
:……………………………………………………………….………………………………………...
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Court which has given
judgment**:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Date of judgment**:
……………………………………………………………….…………………………………………
Time-limits stated in the
document**:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
EXTRAJUDICIAL DOCUMENT**
Nature and purpose of the
document:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
Time-limits stated in the
document**:
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
……………………………………………………………….…………………………………………
* If appropriate, identity and
address of the person interested in the transmission of the
document.
** Delete if inappropriate