Service Of Process In Cross-Border Litigation: Comparing U.S. And UPC Practice (Part 1)

1. Introduction

Service of process is one of the most fundamental steps in civil litigation. Proper service not only ensures that parties receive notice of legal proceedings and have an opportunity to exercise their procedural rights, but also establishes the court's authority to hear the case. In cross-border civil and commercial disputes, valid service is equally critical to the recognition and enforcement of foreign judgments.

Because legal systems take different approaches to service of process, navigating cross-border litigation can be particularly challenging. While international treaties provide a common framework, important differences remain between jurisdictions. This article examines the legal significance of service of process, compares the approaches adopted by civil law and common law jurisdictions, and explains the key service rules under the U.S. Federal Rules of Civil Procedure and the Unified Patent Court (UPC), together with the practical considerations for