At Arkline we frequently receive instructions for process serving abroad, where we require to know the local laws to ensure correct process serving. Here is an example of a recent case where we have managed to complete process serving instructions between two different countries.
Arkline was instructed by an investigative agency in the USA to arrange for the service of a summons on a very well known cosmetics company in Paris, France.
The rule for service in France is that service must be carried out by a Huissier De Justice or an authorised bailiff, failure to do so may cause problems later down the line. Some standard investigators in France claim that they can carry out service of documents for overseas company under the Hague Convention. However, there was a case in New York which has the same facts as ours: American company sues French entity under Hague. The Court stated that service was improper since the plaintiffs didn’t use an “authorized bailiff or huissier” which is required under French law.
Arkline has an established relationship with a Huissier de Justice who was duly contacted and the summons was successfully served within two days. Arkline will always use a Huissier de Justice or Authorised Bailiff for the service of documents from overseas companies to ensure proper service. Please phone/email Pauline Belt 00 44 (0)1937 831290 or p.belt@arklineuk.co.uk if you would like to discuss further.
