Hague Service Convention

March 1, 2025

On February 18, 2025, the U.S. Securities and Exchange Commission (SEC) requested assistance from the Government of India under the Hague Service Convention. This request aims to serve summons on Gautam Adani and Sagar Adani regarding allegations of bribery related to the Adani Group‘s solar projects. The SEC’s filing follows recent charges from the U.S. Department of Justice concerning a $250 million bribery scheme.

About the Hague Service Convention

The Hague Service Convention was established in 1965. It aims to facilitate the service of judicial documents across international borders. The Convention ensures that defendants receive timely notice of legal actions. It is a multilateral treaty with 84 signatory states, including India and the U.S. Each member state designates a central authority to handle service requests.

Procedures Under the Convention

The primary method of service is through designated central authorities. However, alternative methods are also available. These include postal services and direct communication between judicial officials. Signatory states can choose which methods to implement. In India, judicial documents must be served through the Ministry of Law and Justice.

India’s Accession and Reservations

India joined the Hague Service Convention on November 23, 2006. However, it made reservations against alternative service methods outlined in Article 10. This means service cannot occur through diplomatic channels unless the recipient is a national of the requesting country. All service requests must be in English or accompanied by an English translation.

Legal Interpretations and Controversies

There is ongoing debate regarding the validity of service through alternative channels like email and social media. Some U.S. courts have ruled that these methods are permissible, while others have disagreed. The varying judicial interpretations highlight the complexities of cross-border legal procedures.

Default Judgments and Conditions

Under the Convention, default judgments can be issued if a foreign government does not cooperate in serving documents. Article 15 outlines specific conditions for this. The document must be transmitted through approved methods. At least six months must pass after transmission without receiving a certificate of service.

Recent Developments in the Adani Case

The SEC’s actions come amid a pause in the enforcement of the Foreign Corrupt Practices Act by the Trump administration. This pause raises questions about the implications for ongoing investigations, including the Adani case. India’s response to the SEC’s request remains uncertain, as Prime Minister Narendra Modi has stated that the matter is personal.

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