Twitch Interactive, Inc. v. Fishwoodco GmbH

Background

Twitch Interactive, Inc. brought the action seeking confirmation of arbitration awards issued in a matter involving Fishwoodco GmbH, doing business as Loots, and entry of final judgment on those awards. Twitch described Fishwoodco as a German corporation with its principal place of business in Germany.

Twitch moved under Federal Rule of Civil Procedure 4(f)(1) to appoint Celeste Ingalls, identified in the motion as Director of Crowe Foreign Services in Portland, Oregon, as an international process server. The requested role was to forward the documents requiring service to Germany’s Central Authority.

Court’s analysis

Rule 4(f)(1) permits service of summons on an individual in a foreign country through an internationally agreed method reasonably calculated to give notice. Rule 4(h)(2) allows service on a foreign business entity in the same manner as service on an individual under Rule 4(f).

The court explained that the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applies to service in Germany. Under Article 3, service proceeds through the destination country’s Central Authority. Article 10 provides possible alternative methods if the destination country does not object. Germany is a signatory to the Convention but objects to service under Article 10, so service had to proceed through Germany’s Central Authority.

Ingalls submitted a declaration stating that she had more than 26 years of experience preparing, signing, and forwarding requests for service under the Hague Service Convention, including requests to Germany. She also stated that German authorities and courts had informed her that Article 3 permits judicial officers of United States courts to request service directly, and that a person requesting formal Hague service must be specifically authorized by the forum court as a competent court officer.

Ruling

The court granted Twitch’s motion. It appointed Celeste Ingalls, identified in the order as Director of Operations of Crowe Foreign Services at an address in Portland, Oregon, as a competent officer of the court for requesting service of process on Fishwoodco GmbH, doing business as Loots, under the Hague Service Convention.

The order concerned appointment of a person to request service. It did not rule on confirmation of the arbitration awards or entry of final judgment on those awards.