Challenges faced with service of process by post to defendants abroad

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.

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.