How can service of process be effected in international litigation?
In international litigation, service of process is the procedure used to notify a person or organization that they are a defendant in a given lawsuit. In Alaska, service of process can be effected in a number of ways, depending on the jurisdiction of the foreign state or country involved. One way to serve process is through a letter rogatory – a formal request to a court in another country that requires the local court to serve a defendant with the documents needed to begin the litigation process. Another option is to use a foreign process server, who is legally authorized to deliver the documents in the foreign jurisdiction. The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is a treaty that was designed to reduce the complexity of international litigation by establishing procedures for service of process in multiple countries. Under the convention, parties can use a so-called “summons-delivery method,” where the documents are sent directly to the respondent by mail, or a “request-delivery method,” where the documents are forwarded through the foreign state’s central authority. Finally, parties to a lawsuit may also be able to effect service of process through the United States’ State Department using their diplomatic channels. This method requires a special form of certified mail and can be used to deliver documents to most countries who are a party to the Hague Convention. In summary, service of process in international litigation can be done in a variety of ways depending on the circumstances, such as through a letter rogatory, a foreign process server, the Hague Convention, or by utilizing the State Department’s channels.
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