The China Service Playbook: Methods and Strategy under the Hague Convention

119 questions on the china service playbook, answered and cited by the UpLaw editorial team.

• Can a case be dismissed for delay even though Rule 4(m)'s 90-day clock does not apply to foreign service?
• Can a Chinese state-owned enterprise claim sovereign immunity in a commercial lawsuit?
• Can a court apply domestic law to fill gaps the Hague Service Convention leaves open?
• Can a defendant sue over a violation of the Hague Service Convention?
• Can a U.S. attorney sign and transmit the Form USM-94, or must it go through the Marshals Service?
• Can a U.S. consulate serve process on someone in China?
• Can a U.S. court authorize service on a Chinese defendant by WeChat or another messaging app?
• Can China refuse to serve documents because the defendant claims immunity, or because China claims exclusive jurisdiction over the subject matter?
• Can I just email the complaint to a Chinese defendant?
• Can you expedite Hague service in China?
• Can you get an alternative-service order when the Chinese Central Authority simply never acts on the request?
• Can you get a temporary restraining order or preliminary injunction before a Chinese defendant is served?
• Can you hire a private process server or local agent in China to serve the papers?
• Can you move for alternative service under Rule 4(f)(3) without notice to the defendant?
• Can you serve a Chinese company by FedEx or DHL?
• Can you serve a Chinese company without ever sending documents abroad?
• Can you serve a Chinese defendant by international registered mail?
• Can you serve a Chinese defendant through its U.S. lawyer?
• Can you serve a Chinese executive who is visiting the United States?
• Can you serve a Chinese parent company by serving its U.S. subsidiary?
• Can you use letters rogatory or other Rule 4(f)(2) methods to serve a defendant in China?
• Do documents served in China have to be translated into Chinese?
• Does a Chinese defendant have to appear in a U.S. case after being served through the Hague Convention?
• Does China follow the same sovereign immunity rules as the United States?
• Does serving a U.S. subsidiary give the court personal jurisdiction over the Chinese parent?
• Does the Hague Service Convention apply if you cannot find the defendant's address?
• Does the Hague Service Convention apply to motions, discovery, and orders after the complaint?
• Does the Hague Service Convention itself authorize service by mail?
• Does the summons have to bear the court's seal for Hague service in China?
• Does Water Splash let you mail the complaint to a defendant in China?
• Do state courts follow the same Hague Convention rules for serving Chinese defendants?
• Do you have to try Hague Convention service before asking a court for alternative service?
• Do you have to use the Hague Evidence Convention to get discovery from a Chinese party?
• Has China objected to Article 10 of the Hague Service Convention?
• How do you find a Chinese company's exact registered name and address?
• How do you get documents or testimony located in China for a U.S. case?
• How do you investigate whether a Chinese company has a U.S. footprint you can serve?
• How do you serve a foreign corporation under the Federal Rules of Civil Procedure?
• How do you serve a foreign state or its agency or instrumentality?
• How do you serve a lawsuit on a company in mainland China?
• How do you serve an individual, rather than a company, located in mainland China?
• How do you take a default judgment against a Chinese defendant who never appears?
• How long does a Hague Evidence Convention letter of request to China take?
• How long does it take to serve a defendant in China through the Hague Convention?
• How many copies of the documents does a Hague service request to China require?
• How much does it cost to serve a defendant in China under the Hague Convention?
• How much does translation for Hague service in China cost, and when must it be done?
• How often should you follow up with the Chinese Ministry of Justice on a pending service request?
• If a Chinese company is registered to do business in a U.S. state, can you serve its registered agent?
• If a Chinese defendant's assets are all in China, is it worth suing in U.S. court?
• If a court lets you serve a Chinese defendant by email, should you still send the Hague request?
• If there is no Rule 4(m) deadline, what is the real time constraint when suing a Chinese defendant?
• Is a contractual waiver of formal service a safe way to bypass the Hague Convention?
• Is a pre-dispute waiver of sovereign immunity effective in Chinese or Hong Kong courts?
• Is compliance with the Hague Service Convention mandatory?
• Is email service barred by China's objection to Article 10 of the Hague Service Convention?
• Is serving a company in Hong Kong the same as serving one in mainland China?
• Is the Hague Evidence Convention the same treaty as the Hague Service Convention?
• Is there a 90-day deadline to serve a defendant located in China?
• Is there a fee to serve a defendant in China under the Hague Convention?
• Is there a treaty between the United States and China on recognizing court judgments?
• Once a Chinese defendant appears in the case, how do you serve motions and discovery?
• Should you tell the judge early that the defendant is located in China?
• Should you use Chinese counsel or a service vendor to transmit the Hague request to Beijing?
• What are “Schedule A” cases against Chinese online sellers?
• What are the most common reasons the Chinese Central Authority rejects a Hague service request?
• What are the steps for serving a defendant in China through the Ministry of Justice?
• What can a plaintiff do while waiting months for Hague service on a Chinese defendant?
• What Chinese laws can prevent a party from producing evidence to a U.S. court?
• What contract clauses help a U.S. company avoid the Hague service problem with a Chinese counterparty?
• What counts as a “civil or commercial matter” under the Hague Service Convention?
• What counts as “sufficient time to defend” under Article 15 of the Hague Service Convention?
• What did Rio Properties v. Rio International Interlink hold about service by email?
• What did Rockefeller Technology Investments v. Changzhou SinoType hold about contractual waiver of Hague service?
• What did Water Splash, Inc. v. Menon decide?
• What documents go into a Hague service packet for a Chinese defendant?
• What does Article 10 of the Hague Service Convention permit in countries that have not objected?
• What does Article 15 of the Hague Service Convention require before a court can enter a default?
• What does Chinese domestic law say about serving foreign legal process in China?
• What evidence do you need to support a motion to serve a defendant by email or WeChat?
• What happens if the Chinese court cannot find or serve the defendant at the registered address?
• What happens to a U.S. judgment entered without valid service on a foreign defendant?
• What if the Chinese Central Authority never returns a certificate of service?
• What if the defendant is located in a country that is not a Hague Service Convention member?
• What is Article 16 of the Hague Service Convention, and how long does a defaulted defendant have to attack the judgment?
• What is China's Article 23 reservation under the Hague Evidence Convention?
• What is Form USM-94?
• What is “reciprocity” in Chinese recognition of foreign judgments?
• What is Rule 4(f)(1) service, and why is it the presumptive path for a defendant in China?
• What is Rule 4(f)(3) alternative service?
• What is service of process?
• What is the difference between an Article 4 refusal and an Article 13 refusal under the Hague Service Convention?
• What is the difference between valid service and personal jurisdiction over a Chinese defendant?
• What is the Hague Service Convention?
• What is the Mullane standard for adequate notice?
• What is the recommended order of operations for a case against a defendant in mainland China?
• What is the single biggest mistake U.S. lawyers make when suing a Chinese defendant?
• What is the strongest legal basis for court-ordered email service on a Chinese defendant?
• What must a plaintiff show to get a Rule 4(f)(3) alternative-service order?
• What proof of service do you file after service is completed in China?
• What records should you keep while a Hague service request is pending in China?
• What service methods have courts approved under Rule 4(f)(3)?
• What should you do if China refuses service on sovereignty or security grounds?
• What threshold conditions must be met before the Hague Service Convention applies at all?
• What two things does service of process protect in a cross-border case?
• When can't you use Article 15's second paragraph to default a Chinese defendant?
• When did the Hague Service Convention take effect for China?
• Where do you find the authoritative statement of China's objections to the Hague Service Convention?
• Which documents must be translated for Hague service in China?
• Which Federal Rule governs service on a defendant located in a foreign country?
• Who actually serves the documents on the defendant once the request reaches Beijing?
• Who decides whether documents must be transmitted abroad for service under the Hague Convention?
• Who is China's Central Authority for service of process?
• Who should translate the documents for service in China?
• Why can't a U.S. process server just hand the papers to a defendant standing in China?
• Why does service in China take so much longer than in other Hague Convention countries?
• Why does the defendant's exact registered Chinese name matter so much for Hague service?
• Why do lawyers recommend arbitration clauses in contracts with Chinese counterparties?
• Will a U.S. judgment against a Chinese company actually be enforceable in China?