Hague Service Convention | Practical Law

Hague Service Convention | Practical Law

Hague Service Convention

Hague Service Convention

Practical Law UK Glossary 8-339-4991 (Approx. 6 pages)

Glossary

Hague Service Convention

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is a multilateral treaty signed in The Hague on 15 November 1965. It provides for the channels of transmission to be used when a judicial or extrajudicial document is to be transmitted from one State Party to the Convention to another State Party for service in the latter. The Hague Service Convention provides for one formal channel of transmission (via the Central Authority of the destination State), and several alternative channels of transmission.
(Service of judicial documents from one EU member state to another (including the UK up to the end of the UK-EU transition period (11.00pm UK time on 31 December 2020)) was required to be effected under the EU Service Regulation.)
All EU member states (except Austria and Malta) originally acceded to the Hague Service Convention before the adoption of EU legislation. However, Malta has since acceded to, and Austria has since signed and ratified, the Convention. (For further information, see Practice note, Service of the claim form and other documents: outside the jurisdiction, Scope and applicability.)
As the UK is a contracting party to the Hague Service Convention in its own right, it continues to apply as between the UK and EU member states following the end of the transition period and governs most requests for service between the UK and EU member states. (For further information, see Practice note, Brexit: implications for civil justice and judicial co-operation: Rules that apply from the end of the transition period: Service of proceedings.)
Further information, including a status table of the signatories, can be found on the service section of the HCCH website.