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Notification of parties
Fundamental fairness requires that the defendant receive notice sufficient to afford
him an opportunity to defend. In common-law countries this notice is effected by
service of process on the defendant; similar procedures exist in civil-law
countries. Service on the defendant in person is considered ideal; alternatively,
substituted service (e.g., even by publication) is a last resort when the
whereabouts of the defendant are unknown. International cases pose special
problems. Countries often cooperate bilaterally, either on the basis of express
agreements or as a matter of practice, in aiding each others courts to effect service
on the defendant. A very effective multilateral mechanism is the Hague
Convention on the Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters, to which some 50 countries, including the United
States, China, Russia, and all the EU states, are party. It provides for a Central
Authority in each member state that receives service requests from other
convention states and executes them according to its own national procedures.