California Supreme Court Rules Hague Service Convention May Be Waived, Upholding Party Autonomy in International Arbitration
On 2 April 2020, the California Supreme Court held that parties can waive the Hague Service Convention in their arbitration provisions when they agree on a specified manner of service. The decision in Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. has long been awaited because of its potential impact on international arbitrations.
In this opinion, the Supreme Court of California reversed an appellate decision which had upheld application of the Hague Service Convention, despite an arbitration clause specifying the manner of service. The reversal is seen as a victory for arbitration advocates, including the California International Arbitration Council (