Water Splash, Inc. v. Menon

Water Splash, Inc., a U.S. company, sued its former employee Tara Menon, a resident of Canada, in Texas state court. Water Splash attempted to serve the summons and complaint by registered mail. Menon challenged the service, arguing that the Hague Service Convention prohibited service of process by mail. The Texas courts agreed, quashing the service. The case reached the U.S. Supreme Court, which granted certiorari to resolve a split among state and federal courts. On May 22, 2017, the Supreme Court ruled unanimously that Article 10(a) of the Convention permits service of process through postal channels, as long as the receiving state has not objected to such service. The Court concluded that the term “send” in the Convention encompasses the formal transmission of judicial documents. The decision overturned the Texas judgment and remanded the case.

The U.S. Supreme Court unanimously held that the Convention does not prohibit service of process by mail, provided that the receiving state has not expressly objected to that method. The judgment of the Texas Court of Appeals was reversed.

Whether the Hague Service Convention of 1965 prohibits service of process on a foreign defendant through postal mail under Article 10(a).

The ruling resolved a significant ambiguity in international procedural law, confirming that mail service is a valid and efficient method under the Hague Service Convention. It provided clarity for U.S. litigants and courts, streamlined cross-border disputes, and reinforced the principle that treaty interpretation should align with the shared expectations of contracting states, thereby facilitating smoother transnational litigation.