Simplified cross-border service of documents in Singapore
On December 1, 2023, the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters dated 15.11.1965 (the "Convention") entered into force for Singapore. The entry into force of the Convention ushers in a simplified mechanism for cross-border service of documents for both Singapore residents and persons dealing with counterparties from this jurisdiction.
The Convention applies to situations where there is a need to deliver a judicial or extrajudicial document for service abroad in a contracting state, provided the address of the person to be served is known.
This applies regardless of when the proceedings were initiated, as long as the occasion for service arises on or after December 1, 2023. Under the Convention, each contracting party designates a central authority to receive service requests from other contracting parties. In Singapore, the Ministry of Law acts as the central authority.
To serve documents abroad, the applicant must file a request for service to the central authority at the place of the proceedings. This authority will transmit the order to the central authority at the location of the recipient, which will directly arrange for the transfer of documents.
Upon receiving the request, the central authority in the destination country arranges for the service of documents following the applicant's request. Once service is completed, the central authority issues a standard-form certificate confirming the service, which may serve as confirmation of delivery of the document to the recipient.
The Convention does not prohibit the use of other options for transferring documents to the residents of the contracting parties, including sending documents by mail or transferring documents directly by judicial and other officials or other competent persons of the state where the recipient is located.
In cases where the Service Convention and another civil pocedure convention both apply, parties have the option to select either convention for service.
At the same time, courts in some contracting parties are following the approach that only transferring documents through the mechanism provided for in the Convention is considered proper. This issue becomes particularly relevant in situations where it is necessary to notify a resident of a foreign country of the initiation of legal proceedings against him or her or to serve court correspondence.
The Republic of Belarus has joined the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters by Decree of the President of the Republic of Belarus No. 229 of April 7, 1997 "On the Accession of the Republic of Belarus to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters". Accordingly, residents of the Republic of Belarus may now send documents to residents of Singapore using the mechanism provided for by the Convention by submitting a relevant request to the Ministry of Justice of the Republic of Belarus.
The Service Convention's implementation marks a significant milestone in Singapore's legal landscape, bringing enhanced efficiency and effectiveness to cross-border service of documents and reinforcing its position as a top hub for dispute resolution.You can read about REVERA's experience in dispute resolution in Singapore here.
