The rules surrounding the service of documents aim to ensure that such documents come to the attention of the party to be served. Where judicial documents are concerned, any mistake in service may impact procedural fairness and result in serious consequences on the outcome of the litigation.
Where a party seeks to serve documents abroad, it would not only have to navigate unfamiliar rules of service, but also have to utilise diplomatic channels. This requires a formal request to be transmitted from the court of origin to its foreign ministry, then to the foreign ministry of the destination country, and finally to the destination court for an order of service.
To improve time and cost efficiencies for cross-border service of documents, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Service Convention“) provides an alternative and simplified mechanism. Singapore became a Contracting Party to the Service Convention on 16 May 2023, as covered in our May 2023 Legal Update titled “Towards the Harmonised Service of Documents Abroad: Singapore Accedes to the Hague Service Convention“.
The Service Convention entered into force in Singapore on 1 December 2023, meaning litigants in Singapore will now be able to utilise the simplified mechanism to serve documents on parties from other Contracting Parties. The Ministry of Law (“MinLaw“) has announced further details on its implementation, including:
- The circumstances in which the Service Convention will apply;
- The service of foreign documents in Singapore under the Service Convention; and
- The service of documents in States that are Contracting Parties under the Service Convention.
In this Update, we provide an overview of the new transmission channel under the Service Convention, together with the new details of its implementation.
For more information, click here to read the full Legal Update.
