ABSTRACT
Service of processes abroad is of critical importance in international civil and commercial litigation. The United States, United Kingdom, Australia, New Zealand and Canada have permitted service of process abroad via electronic means since the end of the last century. The legislation and practice thereof have features as follows: First, they have gone through three development stages: germination, evolution, diversification; Second, in some countries, electronic service abroad was directly allowed in legislation with explicit legal rules, whereas in others, electronic service abroad was specifically authorised by courts according to ‘alternative means/last resort rules’. Third, in judicial practice, courts have been making modification and supplement to electronic service abroad system through a series of precedents. For example, the conditions for applying electronic service abroad become more and more detailed and relatively easier than before; means of electronic service abroad become more diversified through various advanced communication methods.
Comparatively speaking, to further improve Chinese relevant legislations, a set of more detailed rules on conditions for application and service certificate should be formulated. Moreover, it is desirable to actively promote judicial cooperation in electronic service abroad among countries along the Belt and Road and to expand the use of electronic service abroad. Specifically, the construction of the system for electronic service abroad within the Belt and Road region shall be gradually carried out from two perspectives. First, from the international cooperation perspective, Sino-foreign may conclude bilateral treaties or multilateral treaties to enhance the cooperation in electronic service abroad. Second, the electronic service may be applied under specific circumstances, and gradually enlarge its application to general circumstances.
This chapter will examine the legislation and practice concerning electronic service abroad and will explore Chinese rules on electronic service abroad. The author will then, in this chapter, discuss the significance and paths for construction of electronic service system under the “Belt and Road” Initiative.
