Service of process is difficult enough domestically. But, when notice of legal proceedings against a defendant needs to go overseas, these difficulties can quickly multiply.
The Hague Service Convention has facilitated international process service for plaintiffs worldwide. Under its scope, people from different countries can be notified of legal proceedings. And the service of the process remains legal both internationally and domestically.
Your Maryland process server must be familiar with the terms of international process service before they can help you. Read on to learn more about arbitration awards and international process service.
The Federal Rule of Civil Procedure 4 (FRCP 4)
The Hague Service Convention has contributed to international process service. It has done so by opening the channels of communication and coordination between international bodies. The Hague Service Convention allows service of process to occur within the jurisdiction of a defendant’s country.
Despite the strides made by the Hague Service Convention in the way of international process service, arbitration awards can still take a long time. This is because the Convention contains several layers of bureaucracy that can make process service lengthy.
This is where the FRCP 4 comes in. With the FRCP 4, it is possible for a plaintiff from one country to be given the authorization to serve notice to a party in another. This facilitates the process service further, shortening the time to an arbitration award.
TLV International v. Zhejiang Shenghui Lighting Co. Ltd
Arguably, the most well-documented case of international process service is TLV International v. Zhejiang Shenghui Lighting Co. Ltd. TLV International is a Japanese steam company based in Kakogawa, Japan. Zhejiang Shenghui Lighting is a Chinese company that specializes in LED lighting, based in Jiaxing, China.
Early in 2021, TLV International launched a litigation battle against Zhejiang Shenghui Lighting over the results of a deal involving the two companies. TLV International, in pursuit of an arbitration award, served directly to the Chinese company.
The Chinese company rejected the process service and appealed before the American Arbitration Association to no avail. The American Arbitration Association’s rejection of Zhejiang Shenghui Lighting’s claim was based on three facts:
- Zhejiang Shenghui submitted itself to arbitration under the American Arbitration Association, allowing its appeal to be subject to the terms and conditions of the FRCP 4.
- The Chinese company received due notice prior to the service of process.
- The Chinese company was in possession of the notice and the subsequent service of process.
These led to the arbitration award ruling to be in favor of the plaintiff, TLV International.
Key Takeaways Relevant to Your Maryland Process Server
If you are enlisting the aid of a Maryland process server for international service of process, they have to:
- Be familiar with the laws surrounding international process service.
- Observe the best practices for international process service (like providing the defendant with prior notice)
Our team at EGA Process Serving has years of experience process serving. Our team of Military veterans and highly trained process servers ensures the best possible outcome in legal proceedings. We expedite legal proceedings with process service that is:
Call us today at 888-565-7774 for process serving you can rely on in Maryland / D.C. / Virginia