The Hague Service Convention and Its Application to Foreign Defendants in India

ByPavan Srinivas

When lawsuits cross borders, one of the biggest challenges is serving legal documents on a defendant located in another country. This is where the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965)—commonly called the Hague Service Convention—comes into play.  The Karnataka High Court recently set aside a trial court order that was passed ex parte against a foreign Defendant company, that was not properly served with notice of court proceedings as per the Hague Service Convention.

India acceded to this treaty on November 23, 2006, and it came into force on August 1, 2007. Since then, the Convention has governed how foreign litigants can serve process on parties in India.

What is the Hague Service Convention?

The Hague Service Convention is an international treaty designed to simplify and standardize the service of legal documents across borders in civil and commercial matters. Its primary goals are:

  • Ensuring timely and fair notice to defendants abroad.
  • Providing a reliable proof of service for courts in the requesting country.
  • Reducing reliance on slow diplomatic channels.

India’s Position and Key Declarations

While India is a signatory, it has made specific reservations:

  • Central Authority Only: All requests must go through India’s Ministry of Law and Justice, the designated Central Authority.
  • No Alternative Methods: India objects to Article 10, which allows service via postal channels or direct communication between lawyers or courts. Informal service methods are not recognized.
  • Language Requirement: Documents must be in English or accompanied by an English translation.
  • Security Clause: India can refuse a request if it considers it a threat to sovereignty or security.

How Does Service Work in India?

  • Prepare the Request: Complete the Hague Service Request in the prescribed “Request Form” with the “Warning” and “Summary” of documents to be served (like Form USM-94 for U.S. cases).
  • Send to Central Authority: Submit the request and documents to India’s Ministry of Law and Justice.
  • Local Service: The Ministry forwards the documents to local authorities for service.
  • Proof of Service: Once completed, the Central Authority issues a certificate confirming service or non-service.
  • Timeline: Expect delays. Due to limited staffing, the process can take several months, sometimes longer.

Special Considerations

  • Translation: Even though English is an official language, if the defendant does not understand English, translation into a language they comprehend may be necessary to avoid due process challenges.
  • No Subpoenas: The Hague Service Convention does not cover subpoenas; these fall under the Hague Evidence Convention.
  • Default Judgments: If service is not confirmed within six months, courts in the requesting country may still proceed with a default judgment under Article 15, provided certain conditions are met.

Practical Challenges

  • Bureaucratic Delays in sending the request cause significant delays in litigation timelines.
  • No Informal Workarounds: Unlike some jurisdictions, India does not recognize service via private agents or postal channels.
  • Compliance is Critical: Improper service can render a judgment unenforceable in India; this is exactly what happened before the Karnataka High Court.

Key Takeaways for Practitioners

  • Plan for long lead times when serving defendants outside India.
  • Ensure strict compliance with Hague Convention procedures and India’s declarations.
  • Consider waiver of service agreements where possible to save time and cost.
  • Contact us to navigate the nuances of the Hague Convention.

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