A Possible Consequence Of Not Appointing A Process Agent - London Registrars
If you have ever questioned the crucial role that process agents can play in financial transactions between UK and non-UK parties, it might be instructive to look at just one example of a dispute that arose several years back. The case in question, Banco San Juan Internacional, Inc. v Petroleos De Venezuela, S.A., culminated in an English court considering whether the borrowing party had been validly served, in a situation where the borrower had not complied with its contractual obligation to make sure there was always a service of process agent in place. What were the details of the case? The two parties in the proceedings were the Puerto Rican bank, Banco San Juan International SA (BSJI), and the Venezuelan oil company, PDVSA. The two parties entered into a loan facility agreement dated 2016, and then another in 2017. Contained within these facility agreements were identical process agent clauses, as are widespread in cross-border financial transactions. The clauses s...