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PROCEDURAL ISSUES/ FOREIGN LITIGANT: SERVICE OF PROCESS
 
ISSUE: Does The Hague Convention permit service by mail
 
 

ISSUE: Does The Hague Convention permit service by mail
PAUL DENLINGER, Plaintiff and Appellant, v. CHINADOTCOM CORPORATION, et al., Defendants and Respondents.

COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT

110 Cal. App. 4th 1396; 2 Cal. Rptr. 3d 530(2003 )

Q. Does article 10(a) of The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters allow service of process by mail?

Yes. The Convention provides a mechanism for signatory nations to serve process abroad when the forum state's internal law requires transmittal of documents abroad as a necessary part of service of process. Arts. 2-7, Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 15, 1965 (See Code Civ. Proc., § 413.10, subd. (c).)

Respondent officers of company incorporated in the Cayman Islands with offices in Hong Kong, work and reside in Hong Kong.

Appellant is a former employee of an entity related to the company and based in Silicon Valley who sometimes worked in China and Hong Kong.

Appellant served the respondents by registered mail in Hong Kong.

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