Supreme Court Clarifies When Service By Mail Is Permitted Under The Hague Convention

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters ("Hague Service Convention" or "Convention"), was designed to simplify and standardize the service of legal documents across international borders. But for decades, U.S. courts divided over a seemingly simple question: does the Hague Service Convention prohibit service by mail?

The Supreme Court recently answered this question, which seemed to pit different canons of interpretation against each other. In Water Splash, Inc. v. Menon, Justice Alito wrote for a unanimous Court, holding that the Convention does not prohibit service by mail. (As described below, the Convention does not expressly authorize service by mail, but the Supreme Court's decision clearly states the requirements to serve by mail under the Hague Service Convention).