Water Splash, Inc. v. Menon

She was owed substantial monies for numerous contracts for which she was never paid by his Canadian company ABC Waterplay Inc., based in Montreal Canada.

She sued the owner of ABC Waterplay and Water Splash, Gokan Celik, in Montreal Superior court and had been paid a settlement in 2015.

Water Splash had to serve process (the summons and complaint) upon Menon in order for its case to proceed.

The Texas trial court judge signed an order allowing Water Splash to serve Menon in Canada through several means, including by certified mail.

[4] Menon then filed an answer in the case and a motion to set aside the default judgment against her, arguing that the service of process by mail was not authorized by the Hague Service Convention or by Texas state law; the trial court denied the motion and allowed the default judgment to remain.

That is, the amicus curiae briefs argued that the convention does not itself authorize service of process between signatory countries by mail but permits signatory countries to adopt laws allowing for service of process, pursuant to the local laws, by mail.

[1] The Supreme Court vacated the Texas Court of Appeals' decision and held that international service of process by mail in a Hague Convention signatory country is permitted (but not authorized) by the convention, as long as the receiving country has not objected to that method of service.

Article 10(a) simply provides that, as long as the receiving state does not object, the convention does not ‘interfere with … the freedom’ to serve documents through postal channels.