Hague Service Convention

The U.S. Securities and Exchange Commission (SEC) has sought India’s assistance under the Hague Service Convention, 1965, to serve summons on Gautam Adani and Sagar Adani in a securities and wire fraud case.

• The SEC invoked Article 5(a) of the Convention, requesting India’s Ministry of Law and Justice to facilitate service of summons.
• About Hague Service Convention: Adopted at the Hague Conference on Private International Law (1965) to ensure effective and reliable service of legal documents in cross-border litigation.

o 84 states are signatories, including India and the U.S.

o Applies when both the sending and receiving states are signatories.

o Each state designates a central authority for processing requests.

• Service of Summons in India: India acceded on November 23, 2006, with reservations under Article 10, prohibiting:

o Service via diplomatic or consular channels (except for nationals of the requesting country).

o Service via postal or judicial officers from other states.

• Only valid service method: Ministry of Law and Justice, which may reject requests citing sovereignty/security concerns (Article 13).