When faced with an elusive litigant, service of process can be quite complicated. Times are changing, as reflected by the U.S. Bankruptcy Court for the Southern District of New York’s recent decision, In Re Three Arrows Ltd. The focus is on Rule 45 of the Federal Rules of Civil Procedure. Absent from Rule 45 is specific direction regarding service of individuals outside the United States who are not U.S. nationals or residents.
Three Arrows involves a debtor investment firm, incorporated in the British Virgin Islands. The decision “focused on trading cryptocurrency and other digital assets. The debtor was reported to have over $3 billion of assets under management as of April 2022.” The company’s directors included Su Zhu (Zhu), Mark James Dubois (Dubois) and Kyle Livingstone Davies (Davies).
