A/RES/59/38
(ii) by any other means accepted by the State concerned, if not precluded by
the law of the State of the forum.
2.
Service of process referred to in paragraph 1 (c) (i) is deemed to have been
effected by receipt of the documents by the Ministry of Foreign Affairs.
3.
These documents shall be accompanied, if necessary, by a translation into the
official language, or one of the official languages, of the State concerned.
4.
Any State that enters an appearance on the merits in a proceeding instituted
against it may not thereafter assert that service of process did not comply with the
provisions of paragraphs 1 and 3.
Article 23
Default judgment
1.
A default judgment shall not be rendered against a State unless the court has
found that:
(a) the requirements laid down in article 22, paragraphs 1 and 3, have been
complied with;
(b) a period of not less than four months has expired from the date on which
the service of the writ or other document instituting a proceeding has been effected
or deemed to have been effected in accordance with article 22, paragraphs 1 and 2;
and
(c)
the present Convention does not preclude it from exercising jurisdiction.
2.
A copy of any default judgment rendered against a State, accompanied if
necessary by a translation into the official language or one of the official languages
of the State concerned, shall be transmitted to it through one of the means specified
in article 22, paragraph 1, and in accordance with the provisions of that paragraph.
3.
The time-limit for applying to have a default judgment set aside shall not be
less than four months and shall begin to run from the date on which the copy of the
judgment is received or is deemed to have been received by the State concerned.
Article 24
Privileges and immunities during court proceedings
1.
Any failure or refusal by a State to comply with an order of a court of another
State enjoining it to perform or refrain from performing a specific act or to produce
any document or disclose any other information for the purposes of a proceeding
shall entail no consequences other than those which may result from such conduct in
relation to the merits of the case. In particular, no fine or penalty shall be imposed
on the State by reason of such failure or refusal.
2.
A State shall not be required to provide any security, bond or deposit, however
described, to guarantee the payment of judicial costs or expenses in any proceeding
to which it is a respondent party before a court of another State.
Part VI
Final clauses
Article 25
Annex
11
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