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Practical Handbook on the Operation of the Service Convention

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Practical Handbook on the Operation of the Service Convention Practical Convention on the Operation Handbook of the Service s v Hague Conference on Private International Law Permanent Bureau Practical HandbookOnly Churchillplein 6b 2517 JW The Hague The Netherlands on the Operationer w+31 70 363 3303 Use +31 70 360 4867 of the Service [email protected] i www.hcch.net Convention c Official For e Only Use Official For Only Practical HandbookUse on the Operation of the Service Convention Official For Only Use Published by The Hague Conference on Private International Law Permanent Bureau Churchillplein 6b 2517 JW The Hague The Netherlands Official +31 70 363 3303 +31 70 360 4867 [email protected] www.hcch.net For © Hague Conference on Private International Law 2016 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including photocopying or recording, without the written permission of the Permanent Bureau of the Hague Conference. ISBN 978-94-90265-47-2 Published in The Hague, the Netherlands Foreword On the occasion of the 50th anniversary of the conclusion of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, it is my great pleasure to present this updated and expanded 4th edition of the Practical Handbook on the Operation of the Service Convention. Since the publication of the 3rd edition of this Handbook in 2006 (whichOnly I had the pleasure to prepare with the assistance of Ms Laurence Thébault), there have been important developments in case law and State practice in relation to the Hague Service Convention. These developments are the most important basis for this 4th edition. Furthermore, in recent years, new issues have arisen with respect to the operation of the Convention, many of which are the result of unprecedented technological developments. Thus, this 4th edition also includes comprehensive research and analysis relatingUse to the use of information technology in the operation of the Convention, an area that continues to evolve. I would like to take this opportunity to sincerely thank all those who have contributed to the finalisation of this edition of the Handbook (a succinct synopsis summarising the genesis of the Handbook follows below, p. V). At the Permanent Bureau, the main preparatory and drafting work was carried out by Ms Mayela Celis (Principal Legal Officer). My attaché Mr Thomas John and Mr Alexander Kunzelmann (former Senior Legal Officer) also contributed to this important work. It has been finalised with the assistance of Mr Brody Warren (Legal Officer). I am also most grateful to the many national experts who were part of the Working Group and who helped to produce an advanced draft of this edition of the Handbook as partOfficial of the preparations for the meeting of the Special Commission held in 2014 (these experts are listed on p. VII). Thanks should also go to the many interns of the Permanent Bureau who were involved in this project. While they are too numerous to be listed here, I wish to acknowledge their contributions. This Handbook is published together with its pendant, the Practical Handbook on the OperationFor of the Evidence Convention, which is now available in a new, completely revised, 3rd edition. Both Handbooks are first-of-a-kind publications prepared by the Permanent Bureau: before their official release, they were formally approved by the Council on General Affairs and Policy, the highest organ of the Hague Conference on Private International Law. This of course only increases the authoritative value of this Handbook as a secondary source of information on the operation of this important Convention. IV PRACTICAL HANDBOOK ON THE OPERATION OF THE SERVICE CONVENTION | FOREWORD This edition of the Handbook has been updated to November 2015. We recommend that readers consult the Hague Conference website on a regular basis for supplementary practical information and updates regarding the Convention. Just as the previous edition of the Service Handbook was widely used and cited around the world, including by courts, I very much hope that this 4th edition, too, continues to prove useful and will provide relevant guidance to the international legal community. Christophe Bernasconi | Secretary General Only Use Official For Chronology of the Service Handbook All of the documents referred to (unless otherwise specified) are available on the website of the Hague Conference on Private International Law (www.hcch.net). February 2009 Only The Special Commission on the practical operation of the Service Convention “encourages the Permanent Bureau to commence work, in due course and subject to available resources, on an updated edition of the Practical Handbook on the Operation of the Service Convention.”1 March – April 2009 Use The Council on General Affairs and Policy of the Hague Conference takes note of the Conclusions & Recommendations of the Special Commission on the practical operation of the Service Convention and once again expresses its support for the broad range of activities being undertaken by the Permanent Bureau in the area of Post-Convention Services. The Council also recognises the additional work arising from the Conclusions & Recommendations of the Special Commission on the practical operation of the Service Convention (including the preparation of the Service and Evidence Handbooks).2 November 2013 Official The Permanent Bureau circulates a questionnaire regarding case law and practice to National and Contact Organs of the Members, and to the non-Member Contracting States to the Service Convention, in preparation for the 2014 meeting of the Special Commission. For December 2013 A draft Annex on the use of information technology in the operation of the Service Convention of the 4th edition of the Service Handbook is circulated to the members of a Working Group (composed of experts from Members of the Hague Conference and an international organisation). 1 Conclusion and Recommendation (C&R) No 41 of the 2009 Special Commission (CS). 2 C&R of the 2009 meeting of the Council on General Affairs and Policy of the Hague Conference. VI PRACTICAL HANDBOOK ON THE OPERATION OF THE SERVICE CONVENTION | CHRONOLOGY January – February 2014 The Working Group meets in The Hague to review inter alia the draft Annex on the use of information technology in the operation of the Service Convention of the 4th edition of the Handbook. At the end of February 2014, the Permanent Bureau circulates a revised Annex to the members of the Working Group for written comments. May 2014 A full draft of the 4th edition (reflecting the outcome of the Working Group meeting, the written comments received from Working Group members on the revised Annex and including additional updates in case law and practice) is completed and submitted to the Special Commission prior to its meeting in The Hague (20-23 May 2014).3 The Special Commission invites the Permanent Bureau to finalise the text of the Handbook, before submitting it to the Drafting Committee of the Special Commission and then to all participants of the Special Commission meeting once again for comment, after which it is to be submitted to the Council on General Affairs and Policy.4 Only June – December 2014 In co-operation with the Drafting Committee, the Permanent Bureau updated the draft Service Handbook, incorporating the outcome of the discussions at the Special Commission meeting, as well as case law and practice reported by States throughout 2014 in response to the Questionnaire. Use February 2015 Through a written procedure, the Special Commission endorses the final draft of the Handbook, which is then submitted to the Council on General Affairs and Policy for approval. March 2015 Official The Council on General Affairs and Policy formally approves the updated edition of the Service Handbook (as well as the new edition of its counterpart relating to the Evidence Convention).5 The Service and Evidence Handbooks are thus the first publications prepared by the Permanent Bureau to have been formally approved by the Council on General Affairs and Policy. For 3 Prel. Doc. No 2 of the 2014 SC. 4 C&R No 5 of the 2014 SC. 5 C&R No 12 of the 2015 meeting of the Council on General Affairs and Policy of the Hague Conference. List of participating experts The Permanent Bureau acknowledges the experts who were members of either the Working Group on the Practical Handbook of the Operation of the Service Convention, or of the Drafting Committee of the Special Commission on the practical operation of the Service Convention, or both. Only Australia Malta Mr William BRYDIE-WATSON Ms Daniela SULTANA Ms Carmen MIRAGAYA Mexico Brazil UseMs Maria de Lourdes OCHOA NEIRA Mr Arnaldo José ALVES SILVEIRA Netherlands Canada Mr Derek B. LUGTENBERG Ms Mariam KHAN Ms Valérie SIMARD Paraguay Mr José Miguel TORRES China, People’s Republic Mr José Raúl TORRES KIRMSER Mr James DING Mr Xiaobin SHI Philippines Ms Leah ENRIQUEZ Czech Republic Official Ms Maria Regina ADORACION Ms Pavla BELLOŇOVÁ FELOMINA European Union Portugal Mr Pál SZIRÁNYI Ms Ana Vitoria AZEVEDO FinlandFor Russian Federation Ms Maija LEPPÄ Ms Julietta ARZUMANYAN Ms Elena KULIKOVA France Ms Elizaveta POMYAKSHEVA Mr Adrien FLESCH Slovakia Germany Mr Miloš HAŤAPKA Ms Kirsten GRAUMANN Ms Bärbel KOHAKE South Africa Ms Stefanie PLÖTZGEN-KAMRADT Ms Thanisa NAIDU Latvia Sweden Ms Vineta LECINSKA-KRUTKO Ms Cecilia RIDDSELIUS VIII PRACTICAL HANDBOOK ON THE OPERATION OF THE SERVICE CONVENTION | PARTICIPATING EXPERTS Switzerland Consultants Ms Silvia MADARASZ-GAROLLA Mr William FRITZLEN (United States of America) United Kingdom Mr Patrick GINGRAS (Canada) Mr Nic TURNER Observer United States of America Mr Mathieu CHARDON Ms Ada BOSQUE (International Union of Judicial Officers) Venezuela Ms Hilda Y. MARTINEZ Ms Ayesta J. REBOLLEDO Only Use Official For Introduction The Service Convention stands as a major international treaty in cross-border civil procedure.
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