Template:Process agent capsule: Difference between revisions

===[[Jurisdiction]], not [[governing law]]===

Point for details freaks: it is the ''[[jurisdiction]]'' of the English courts and not English ''[[governing law]]'' law that matters. A contract governed by [[Swiss law]] but subject to the jurisdiction of the English courts<ref>This sounds ridiculous, I know, but it does happen. The JC has personal direct experience.</ref> would still need an English or Welsh process agent. In theory — and, yes, a ripe theory it would be — a contract governed by [[English law]] but subject to the [[exclusive jurisdiction]] of ''Italian'' courts<ref>This sounds ridiculous, I know, and ''is'' ridiculous. The [[JC]] has ''no'' personal direct experience of this (and does not want any, so you can save your postcards).</ref> would not.

This also means that an agreement subject to some ghastly foreign law and the [[non-exclusive jurisdiction]] of some ghastly foreign courts, and which therefore could, in theory, come before an English or Welsh court, ''would'' require a process agent in England, Wales, or their territorial waters for that to happen. This would look most odd in the negotiation process. The [[JC]] hereby offers a free bag of sweeties to the first person who can show they have successfully inserted the appointment of an English process agent into a foreign law agreement for this reason.<ref>Up to fifty new pence in value, postage and packing excepted. Judge’s decision final is arbitrary, crotchety, and no correspondence will be [[entered into]] unless he feels like it, which he probably will. Competition not open to friends, relations or acquaintances of the [[JC]].</ref>