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Hague Convention

Are You Being Served? Better Follow the Hague Convention

by Faegre Baker Daniels on

Serving judicial and extrajudicial documents abroad involves a complex patchwork of domestic legislation and international treaties. The recent High Court judgment in Marashen Limited v Kenvett Limited and Dmitry Ivanchenko...more

Charting the Waters of International Service Requirements in the Wake of Water Splash v. Menon

Partially obscured by the significant patent venue ruling in TC Heartland, another decision issued by the Supreme Court on the same day, Water Splash v. Menon, presents guidance for multinational plaintiffs and defendants...more

Cross border litigation after Brexit – what to do following the government's position paper

by Dentons on

The UK government has published a "future partnership paper" on how it proposes to secure a framework for cross-border judicial co-operation after Brexit. Like many in its series of position papers, this is high on ambition...more

Obtaining Evidence for use in Foreign Proceedings

by Arnall Golden Gregory LLP on

Cross-border disputes may require obtaining evidence in the United States for use in proceedings pending in another jurisdiction. Traditionally, courts utilized letters rogatory to request assistance of foreign courts in...more

“Thinking Out Loud” About Copyright Infringement (Again)

by Brooks Pierce on

Ed Sheeran has had plenty of court troubles recently. After reportedly reaching a settlement over his song “Photograph” earlier this year, he was recently sued (a second time) for his song “Thinking Out Loud.”...more

Supreme Court Clarifies When Service by Mail is Permitted under the Hague Convention

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”), was designed to simplify and standardize the service of legal documents...more

Knock, Knock, Knocking on Menon’s Door

In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention on the Service Abroad of...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

Supreme Court Makes a “Splash,” Upholds Hague Service by Mail, and Leaves Us Lost in Translation

by Wilson Elser on

A question that has divided state courts, federal district courts and the federal circuits regarding methods of service under the Hague Service Convention (Convention) was decided May 22, 2017, by the U.S. Supreme Court in...more

Supreme Court Holds That the Hague Service Convention Does Not Prohibit Service of Process Abroad by Mail

For nearly thirty years, federal and state appellate courts have been split on the issue of whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, November 15,...more

You've Got Mail: Supreme Court Holds Foreign Defendants May Be Served Via Certified Mail Under Hague Convention

by Pepper Hamilton LLP on

Starting a lawsuit against defendants outside the United States just got cheaper and easier. On May 22, the U.S. Supreme Court settled a dispute as to whether the Hague Convention on the Service Abroad of Judicial and...more

SCOTUS Approves International Service of Process By Mail

by Dechert LLP on

The U.S. Supreme Court rendered an 8-0 decision in Water Splash, Inc. v. Menon, on May 22, 2017, confirming that service of a complaint and summons by mail is not precluded by the Hague Service Convention (the “Convention”)....more

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

by Foley & Lardner LLP on

This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more

You've Got Mail: Supreme Court Clarifies Procedures for Service of Process Abroad

by White & Case LLP on

The US Supreme Court has confirmed that US litigation may be commenced against foreign parties by sending documents through the mail, provided that certain conditions are met. In Water Splash, Inc. v. Menon, No. 16-254 (May...more

The Hague Service Convention Does Not Prohibit Service of Process by Mail

The Supreme Court held in Water Splash, Inc. v. Menon, No. 16–254 (May 22, 2017), that the Hague Service Convention allows service of process by mail under Article 10(a), when two conditions are met: first, the receiving...more

Supreme Court Clarifies Rules on International Service by Mail

by Genova Burns LLC on

Resolving an issue that has divided state courts and the federal circuit courts, the U.S. Supreme Court ruled today in Walter Splash, Inc. v. Menon, No. 16-254, that the Hague Convention on the Service Abroad of Judicial and...more

Supreme Court Decides Water Splash, Inc. v. Menon

by Faegre Baker Daniels on

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague...more

Don’t Be an April Fool: How to Avoid the Hague Hangover

by Blank Rome LLP on

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its...more

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

by Orrick - IP Landscape on

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato) - It is not uncommon for parties to race to file competing patent suits in their...more

UCC8, UCC9, and The Hague Convention

by Liskow & Lewis on

Lenders who take security interests in securities accounts are familiar with the rules of Articles 8 and 9 of the Uniform Commercial Code that identify the governing jurisdiction for these transactions. Commencing April 1,...more

Hague Securities Convention Takes Effect to Clarify Applicable Law Governing Securities Accounts Held by Intermediaries

by Sullivan & Worcester on

On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Convention") will take effect in the United States. On December 15, 2016, the United...more

The Hague Securities Convention – IV. What effect does the Hague Securities Convention have on perfection by filing?

The Convention does not affect perfection of a lien by taking physical possession of the securities. However, the Convention may affect perfection of a lien by filing, including the place where the security interest or other...more

The Hague Securities Convention – II. What do these provisions accomplish?

The cited provisions are choice-of-law provisions that select the governing law for the intermediary account agreement, which under the Hague Securities Convention will then also dictate the governing law for other issues...more

Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules

by Allen & Overy LLP on

In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is...more

Hague Securities Convention to Enter Into Effect in the United States - Choice of Law in Respect of Securities Held by...

by Shearman & Sterling LLP on

On April 1, 2017, the Hague Securities Convention — or by its actual name, the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary — will enter into effect in the United...more

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