Challenges faced with service of process by post to defendants abroad

By Blake Yang, Martin Hu & Partners

In foreign-related civil and commercial actions, the most important task of a court in the face of a defendant located abroad is how to successfully and lawfully serve judicial documents.

杨奕 Blake Yang 胡光律师事务所 律师 Lawyer Martin Hu & Partners
Blake Yang
Martin Hu & Partners

The main legal basis for the service abroad of legal documents by a Chinese court are the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Civil Procedure Law.

Both the former, where the destination country does not raise an objection, and the latter, where the law of the destination country permits the service of process by post, recognise the service of process by post.

In the face of non-compliant service of process by post, the defendant located abroad, unfamiliar with the laws of China, is frequently compelled to hurriedly respond to a suit, foregoing his or her lawful rights.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.





8/ Floor, Kerry Parkside Office

1155 Fangdian Road, Pudong

Shanghai, China

邮编 Postal code: 201204

电话 Tel: +86 21 5010 1666

传真 Fax: +86 21 5010 1222

胡光 Martin Hu

电子信箱 E-mail:

杨奕 Blake Yang

电子信箱 E-mail: