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The 'Mandatory' Nature Of The Hague Service Convention In The United States Is The Forum's Victory, Rita M. Alliss
The 'Mandatory' Nature Of The Hague Service Convention In The United States Is The Forum's Victory, Rita M. Alliss
Vanderbilt Journal of Transnational Law
This Note addresses the current United States approach to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Note recognizes a split in United States case law concerning whether strict compliance with the Hague Service Convention is required. While some United States courts focus on the scope of the Convention and United States due process concepts to avoid strict compliance, other courts, especially state courts, require strict compliance with the Convention under the supremacy clause of the United States Constitution. The author focuses on service on foreign state corporations by substituted …