1. Key takeaways
If a statement of claim is to be served under The Hague Convention and, according to the competent Chinese authority, the defendant “refuses to accept the documents,” the Court may deem the steps taken so far to be sufficient for good service.
The Court attempted to serve the SoC on Defendants domiciled in China pursuant to The Hague Convention and in accordance with R. 274.1 (a) (2) of the RoP. However, the competent Chinese authority stated in each case the “[t]he recipient refused to accept the documents.” The Court found that the refusal of service without giving any reason by a defendant strongly indicates that other alternative methods will also be rejected, making further service attempts prior to a R. 275.2 RoP order unnecessary.