Article 83 bis: Serving a foreign defendant

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 9251/2559 (2016)

   For service on a foreign defendant at a local party's premises under Section 83 bis, that local party must genuinely be the defendant's agent for carrying on business in the Kingdom; isolated acts such as arranging a ship's arrival or issuing cargo release orders are not enough, and without such agency the summons and plaint must be served at the defendant's domicile or place of business outside the Kingdom.

   The court found that a local party's role, limited to acts such as arranging a ship's arrival and issuing cargo release orders, did not make it the foreign defendant's business agent within the Kingdom, so the exception in Section 83 bis did not apply. The earlier order permitting service on the foreign defendant at the local party's office was therefore a mistaken proceeding, and the plaintiff had to amend and serve at the defendant's address outside the Kingdom.

2. Arrêt de la Cour suprême n° 4939/2549 (2006)

   Where a foreign defendant carries on business in the Kingdom through a local agent, service of the summons and a copy of the plaint on that defendant at the agent's place of business or place of residence within the Kingdom is lawful under Section 83 bis paragraph one.

   The court held that serving the summons and copy of the plaint on the foreign defendant at the domicile of its local agent, who carried on business for it within the Kingdom, was lawful under Section 83 bis paragraph one. The foreign defendant's objection to service was rejected.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.