## Facts

- Water Splash, Inc. sued its former employee, Tara Menon, in Texas state court, alleging she assisted a competitor in bidding against Water Splash while still employed.
- Menon resided in Canada during the litigation.
- The Texas trial court authorized service on Menon in Canada by mail, along with alternative methods (including email to a company address and service on the Texas Secretary of State).
- Menon did not appear, and the trial court entered a default judgment against her.
- Menon moved to set aside the default judgment, arguing that service by mail in Canada violated the Hague Service Convention.
- The trial court denied relief, but the Texas Court of Appeals reversed, holding the Convention prohibits service of process by mail; it did not decide whether Texas law otherwise authorized the mailing method used.

## Issues

1. Whether Article 10(a) of the Hague Service Convention permits service of process by mail to a person abroad when the destination state has not objected.
2. Whether, even if the Convention permits mail service, domestic law must independently authorize service by mail for it to be valid.

## Decision

- The Supreme Court held that the Hague Service Convention does not bar service of process by mail under Article 10(a).
- Article 10(a) permits service by postal channels if (1) the destination state has not objected to Article 10(a) and (2) the forum’s law authorizes service by mail.
- Because Canada had not objected to Article 10(a), the Convention did not prohibit mailing service to Menon in Canada.
- The Court vacated the Texas Court of Appeals’ judgment and remanded for determination whether Texas law authorized the service by mail used.

## Legal Principles

- Treaty interpretation begins with the treaty’s text and its context; where ambiguity remains, courts may consider drafting history, negotiations, and post-ratification practice.
- Article 10(a)’s reference to the freedom to “send judicial documents” by postal channels includes service of process, not merely transmittal of non-service documents.
- The Hague Service Convention is permissive: it removes treaty-based obstacles to certain service methods but does not itself create a standalone authorization to use any method; validity still depends on applicable domestic service rules.
- Executive Branch treaty interpretations and consistent understandings among signatory states may be given substantial weight in construing treaty provisions.

## Conclusion

The Court ruled that Article 10(a) of the Hague Service Convention permits service of process by mail when the receiving state has not objected and forum law authorizes such service, and it remanded for the state court to decide whether Texas law allowed the specific mailing method used.


Water Splash, Inc. v. Menon, 581 U.S. 271 (2017)