Rapid Fire
Hague Service Convention
- 28 Feb 2025
- 2 min read
The US Securities and Exchange Commission (SEC) has invoked the Hague Service Convention to issue summons to Indian billionaire Gautam Adani and his associates in a securities and wire fraud case.
- Hague Service Convention (1965): A multilateral treaty that facilitates the cross-border service of legal documents in civil or commercial matters among 84 signatory states, including India (acceded to the Convention in 2006 with certain reservations) and the US.
- SEC’s Request to India: The SEC invoked Convention to request India's Ministry of Law and Justice to serve summons on Adani and his associates.
- India’s Stance on Service of Process: India rejects alternative service methods under the Article 10 of the Convention, including postal service, diplomatic channels, or direct service by foreign courts.
- All requests must go through the Law Ministry, which can reject them if they threaten sovereignty or security.
- Judicial Precedents on Alternative Service: Courts worldwide have debated using email and social media for summons.
- US courts allowed service through Facebook and email. In Punjab National Bank v. Boris Shipping Ltd. (2019), a UK court invalidated a summons served through alternative means, reaffirming India’s strict adherence to the Convention.
