Can Private Parties Contract out of the Hague Service Convention?
41 Pages Posted: 25 Sep 2023
Date Written: June 19, 2023
Abstract
There is a line of controversial cases in the United States allowing private parties to contract out of state oppositions under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 (“HSC”). This issue is critical because it implicates 64 out of 82 member states who made oppositions under the HSC. The existing scholarly publications miss a nuanced but critical fact: states have different policy or legal reasons underlying their oppositions when ratifying the HSC. This paper aims to help national courts and private parties to better navigate the correlative relationship between party autonomy and state sovereignty under the HSC.
Keywords: Party Autonomy; State Sovereignty; Hague Service Convention
JEL Classification: K33; K41
Suggested Citation: Suggested Citation