Appointment of process agent

The general rule is that proceedings under Irish law must be served within the jurisdiction (ie Ireland). Serving proceedings on a foreign borrower outside of the jurisdiction can be problematic because:

1. •

   the lender will want to act quickly—serving proceedings outside of the jurisdiction is a lengthy process

2. •

   the lender will want to avoid any uncertainty—permission of the court to serve outside the jurisdiction is needed in most cases and there is no guarantee that permission will be granted, and

3. •

   the lender will want to keep costs down—additional legal fees will be incurred in relation to making the application for permission to serve proceedings outside of the jurisdiction and instructing local practitioners to actually serve in the relevant local jurisdiction

It is possible for parties to agree in a contract a particular method or place of service, in the event of a claim being started in relation to that contract. This is useful in relation to foreign borrowers where it is usual to provide in the finance documents