Service of Process

"[The appointing party] ("the Principal") irrevocably appoints [the process agent] ("the Agent"), now of [address of Agent], as its agent to accept service of process in [England] in any legal action or proceedings arising out of or in connection with this Agreement, provided that:

1. service upon the Agent shall be deemed valid service upon the Principal whether or not the process is forwarded to or received by the Principal;

2. the Principal shall inform all other parties to this Agreement, in writing, of any change in the address of the Agent within 28 days of such change;

3. if the Agent ceases to be able to act as a process agent or to have an address in [England], the Principal irrevocably agrees to appoint a new process agent in [England] acceptable to the other parties to the Agreement and to deliver to the other parties to the Agreement within 14 days a copy of a written acceptance of appointment by the new process agent; and

4. nothing in this Agreement shall affect the right to serve process in any other manner permitted by law."

A party which is domiciled in a different country to the court or arbitration seat chosen in the contract should usually be required to appoint an agent for service of process:

• if using a jurisdiction clause, such a clause will avoid the need to serve the originating process on the defendant abroad. This may require permission of the court and, depending upon the countries involved, effecting service may involve considerable formality and delay;
• if using an arbitration clause, the need is not so pressing, as arbitration pleadings may be served informally, without recourse to diplomatic or other official means. However, it is still advisable to include a service of process clause, to avoid uncertainty when dealing with a recalcitrant respondent.