US invokes Hague Service Convention in Adani bribery probe: What is it?

The US SEC has invoked the Hague Service Convention to serve legal documents to Gautam Adani and his nephew Sagar Adani. Here's you need to know about the convention

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The United States Securities and Exchange Commission (SEC) has sought assistance from Indian authorities to serve legal documents to Adani Group founder Gautam Adani and his nephew Sagar Adani over alleged securities fraud. The US panel has invoked the Hague Service Convention to formally notify them of the lawsuit.

 

In a recent status update submitted to Judge Nicholas Garaufis at the United States District Court for the Eastern District of New York, the SEC stated that its attempts to serve the complaint on the Adanis were still “ongoing.”

 

Here's all you need to know about the Hague Service Convention and its purpose.

 

What is Hague Service Convention?

 

The Hague Service Convention, formally known as the 'Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,' was established to standardise the process of delivering legal documents across international borders.

 

With 68 signatory countries, the convention is the most widely recognised method for international legal service. It ensures that parties receive proper notice of legal proceedings in a manner that meets due process requirements, particularly when a foreign judgment may need enforcement in another jurisdiction.

 

Failure to comply with the Hague Service Convention can lead to defective service, which may render any subsequent judgment unenforceable. Given the complexity of international service, even minor errors — such as mistranslations — can cause delays, sometimes taking months or even years to resolve.

 

Since both individuals — Gautam Adani and Sagar Adani — are in India, the SEC is following Rule 4(f) of the US Federal Rules of Civil Procedure (FRCP), which allows for service through internationally agreed methods such as the Hague Service Convention. The agency cited a prior case to argue that the convention is a permissible means of serving defendants in India.  Also Read: Adani stocks crack up to 5% as US SEC seeks India's help in bribery case

 

What are the alternatives to Hague Service Convention?

 

For countries that are not part of the Hague Service Convention, legal documents can be served through:

 

Letters rogatory: A formal judicial request sent through diplomatic channels. This method is typically used when enforcement of a foreign judgment is anticipated.

 

Private service: While common in the US, private service is not widely recognised internationally and often cannot be used to enforce foreign judgments.

 

Given the complexities of cross-border legal service, adherence to the Hague Service Convention remains the most reliable approach, as seen in the SEC’s current attempt to serve legal documents to the Adani executives.