Q&As

If serving on the Chinese registered office, would a process agent need to be appointed?

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Published on LexisPSL on 15/12/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If serving on the Chinese registered office, would a process agent need to be appointed?
  • What is a process agent?
  • Contractually agreed methods of service
  • Service in England and Wales on an overseas company

If serving on the Chinese registered office, would a process agent need to be appointed?

What is a process agent?

A process agent clause is a form of contractually agreed method of service. It is a common type of boilerplate clause in international commercial contracts. Such clauses are used to simplify service of legal process on a foreign counter-party by agreeing up front who is authorised to accept service on that party’s behalf. This can save time and costs where the potential defendant is located outside the agreed jurisdiction for dealing with disputes. If a party is based outside the jurisdiction, a process agent will be a useful means of ensuring the foreign entity is correctly served for the purposes of legal process.

A process agent is a person or entity that is appointed to receive, accept and acknowledge service of process on behalf of another party. Appointments are usually for a specified period and under a process agent agreement separate to the principal commercial agreement.

A party to an agreement will often request that another party appoint a process agent where that other party is based in a foreign jurisdiction or someone whom it is envisaged that there may be issues with serving documents in the future relating to subsequent disputes.

For further information on the appointment of process agents specifically in relation to finance transactions, see the

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