This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and the Hague Convention on Service Abroad (Hague Convention) in ensuring compliance with Japanese internal law. The United States judicial response to the Hague Convention follows. The authors conclude that despite the United States judicial interpretation indicating the Hague Convention is not the exclusive manner to serve process on a foreign defendant, compliance with the Convention is the surest means for valid service of process in Japan.
Chin Kim and Eliseo Z. Sisneros,
Comparative Overview of Service of Process: United States, Japan, and Attempts at International Unity,
23 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol23/iss2/2