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Publication - FOI/EIR release

Information relating to the Hague Service Convention: FOI release

Published: 24 Feb 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
24 Feb 2021
Information relating to the Hague Service Convention: FOI release
FOI reference: FOI/202000131018
Date received: 30 Dec 2020
Date responded: 13 Jan 2021
Information requested

1. What is the process of service of a legal document in India, originating in Scotland?

2. What is the process of service of summons, interlocutors, declarators, forms and any other documents originating at the Court of sessions, Edinburgh upon a company located in India?

3. What is the process of service to be followed by a solicitor based in Scotland upon a company located in India?

4. Is the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965 the only method of the aforementioned services?

Response

1. Service on a private company or private individual in India in a civil or commercial matter falls under the Hague Convention of 15 November 1965 on Service of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

The Scottish Central Authority is the designated competent authority for Scotland under the Hague Convention and are therefore responsible for service out of the jurisdiction of Scotland to countries which have acceded to or ratified the Convention. India is such a country. 
India has designated the Ministry of Law and Justice as its Hague Central Authority and the Scottish Central Authority adheres to the practical information provided by them within the Hague Convention. https://www.hcch.net/en/states/authorities/details3/?aid=712

2. Please see response at question 1.

3. Please see response at question 1

4. The Scottish Central Authority effects service using the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965. The link provided at question 1 provides the practical information India have provided on how they wish other countries to effect service in India under the Convention.

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