Civil Litigation,
International Law,
Corporate,
California Courts of Appeal
Jun. 28, 2018
Can a California court invalidate agreements on international service of process?
A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.
Neil A.F. Popovic
Partner
Sheppard, Mullin, Richter & Hampton LLP
Email: npopovic@sheppardmullin.com
UC Berkeley SOL; Berkeley CA
Cognizant of the time, expense and complexity of international service of process, many lawyers (this author among them) recommend including contractual notice provisions in agreements involving international commerce. In this way, parties can agree in advance on alternative forms of service, whether by mail, courier, or even email -- to provide certainty, and to avoid the time and expense of formal compliance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Do...
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