Can Private Parties Contract out of the Hague Service Convention?

41 Pages Posted: 25 Sep 2023

See all articles by Jie (Jeanne) Huang

Jie (Jeanne) Huang

The University of Sydney - Faculty of Law

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

Huang, Jie (Jeanne), Can Private Parties Contract out of the Hague Service Convention? (June 19, 2023). Available at SSRN: https://ssrn.com/abstract=3090734 or http://dx.doi.org/10.2139/ssrn.3090734

Jie (Jeanne) Huang (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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