82,853
edits
Template:Process agent capsule: Difference between revisions
→Jurisdiction, not governing law
Amwelladmin (talk | contribs) |
Amwelladmin (talk | contribs) |
||
| Line 5: | Line 5: | ||
This means if you have a {{tag|contract}} with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a [[process agent]] on whom you can serve court papers should, heaven forfend, you need to. | This means if you have a {{tag|contract}} with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a [[process agent]] on whom you can serve court papers should, heaven forfend, you need to. | ||
===== | =====Jurisdiction, not governing law===== | ||
Point for details freaks: it is the ''[[jurisdiction]]'' of the courts and not the ''[[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. We have direct personal 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. We have ''no'' personal direct experience of this, and do not want any, so you can save your postcards)</ref> would not. | Point for details freaks: it is the ''[[jurisdiction]]'' of the courts and not the ''[[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. We have direct personal 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. We have ''no'' personal direct experience of this, and do not want any, so you can save your postcards)</ref> would not. | ||