Letters Blogatory

The Blog of International Judicial Assistance
By Ted Folkman

Reader Views Requested!

Readers, I am working on my talk for International Law Week, coming later this month. I’m going to be speaking about waivers of objections to service by postal channels under the Service Convention. I’d love to know your reactions to the following hypotheticals:

  • A. and B. make a contract. A. is a Chinese company (China objects to service under Article 10 of the Convention). A. and B. agree that in the event of a dispute, “the Parties consent to service of process by FedEx, addressed to the chief executive officer of the party to be served.” If B. sues A. and serves by FedEx in China, is the service valid?
  • A. and B. make a contract. A. is a Chinese company (China objects to service under Article 10 of the Convention). A. and B. agree that in the event of a dispute, “service of process shall be by personal delivery to the chief executive officer of the party to be served and shall be made by a deputy U.S. marshal (in the case of service on A.) or by [whatever the Chinese equivalent is] (in the case of service on B).” IF B. sues A. and dispatches the deputy marshal to China to serve the documents, is the service valid?

I am mostly interested to know if folks think these two cases should have different results, and if so, why. Send your comments!

Ted Folkman

2 responses to “Reader Views Requested!”

  1. Steve Skulnik

    Where is B.? In the US? If so, why would the agreement provide for a US official to effect service in China and a Chinese official to make service in the US? Seems backwards.

    Reply
    1. Ted Folkman

      It’s kind of a ridiculous hypothetical, but it’s aimed at proving a point. A lot of people are okay with serving process by mail in China, even though China has objected to serving process by mail. What I want to know is, are they okay with a US official flying over to China and handing the summons to the Chinese defendant? If not, why not?

      Reply

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