The Hague Service Convention Does Not Prohibit Service Of Process By Mail

The Supreme Court held in Water Splash, Inc. v. Menon, No. 16–254 (May 22, 2017), that the Hague Service Convention allows service of process by mail under Article 10(a), when two conditions are met: first, the receiving state has not objected to service by mail; and second, service by mail is authorized under the otherwise-applicable law.

Water Splash sued its former employee, Menon, in Texas state court, alleging she had begun working for a competitor while still employed by Waters Splash. Water Splash effected service by mail on Menon, who resided in Canada, and was awarded a default judgment when Menon failed to answer or otherwise appear. Menon challenged service, arguing that service by mail was prohibited by the Hague Service Convention. The Texas Court of Appeals agreed with Menon.