This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The case concerns whether the Hague Service Convention allows service of process by mail when the destination state does not object.
Background and question before the Court
Petitioner argues that the Hague Service Convention permits service of process by mail when the destination state does not object and presents a three‑part argument.
According to Petitioner, petitioner’s first argument is that textual evidence of the treaty’s meaning supports this reading.
Justice Sotomayor asked the parties whether they agree with the proposition that the treaty permits such service.
According to Justice Sotomayor, justice Sotomayor later questioned whether the treaty only permits, not necessarily authorizes, service and referenced the Texas court’s position that Texas law may not allow such service.
What each side argues
Petitioner (Water Splash, Inc.)
According to Petitioner, petitioner’s position is that the Hague Service Convention permits service by mail when the destination state does not object.
Petitioner argues that textual interpretation of the treaty supports this reading.
Petitioner contends that the word “authorize” is ambiguous and should be read as “permit,” following the Brockmeyer case.
According to United States, as amicus curiae, the United States, as amicus, states that Article 10(a) permits service through postal channels if the forum state authorizes it and the receiving state has not objected.
Respondent (Tara Menon)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Oral argument began at 11:22 a.m. on the scheduled date.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a14bebc9655cd4a73882-r1-db154d196f142a5c.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.