Kevin Paule of Hill Ward Henderson. Courtesy photo The Never Waiver—Whether Parties Can Expressly Waive Service Requirements Under the Hague Convention
Despite the language in the contract, you may still have to comply with the obligations of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, otherwise known as the Hague Service Convention, to serve the foreign defendant.
January 11, 2022 at 09:33 AM
6 minute read
Your client calls with a problem. They have a contract with another company, the contract has been breached, and they want to file a lawsuit. Being the diligent lawyer that you are, you review the contract. It states that all lawsuits must be brought in Florida, the parties waive arguments regarding personal jurisdiction, and service by mail is permissible. So far, so good.
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