Order 11B - Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 Convention)
1. [1] [2] [3] [4] - The provisions of this Order, subject to Order 11A, rule 9, only apply to proceedings which are governed by the terms of the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) and, so far as practicable and applicable, to any order, motion or notice in any such proceedings.
2. Service of an originating summons or notice of an originating summons out of the jurisdiction is permissible without the leave of the Court if, but only if, it complies with the following conditions:
(1) the claim made by the summons is one which by virtue of either the 1968 Convention and Part II of the 1998 Act (and the First Schedule thereof) the Court has power to hear and determine, and
(2) no proceedings between the parties concerning the same cause of action is pending between the parties in another state in which the 1968 Convention is in force.
3. Where an originating summons or notice of an originating summons is to be served out of the jurisdiction under rule 2, the time to be inserted in the summons within which the defendant served therewith shall enter an appearance (including an appearance entered solely to contest jurisdiction by virtue of Article 18 of the 1968 Convention) shall be:
(a) five weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or notice of an originating summons is to be served in the European territory of another state in which the 1968 Convention is in force, or
(b) six weeks after the service of the summons or notice of summons exclusive of the day of service where an originating summons or other originating document or notice of an originating summons or document is to be served in any non-European territory of another state in which the 1968 Convention is in force.
4. (1) [5] Where two or more defendants are parties to proceedings to which the provisions of this Order apply, but not every such co-defendant is domiciled in:
(i) a Member State of the European Union;
(ii) a Contracting State of the Lugano Convention, or
(iii) a state in which of the 1968 Convention is in force,
for the purposes of the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention, then the provisions of Order 11 requiring leave to serve out of the jurisdiction shall apply to each and every such co-defendant.
(2) This rule shall not apply to proceedings to which the provisions of Article 16 of the 1968 Convention concerning exclusive jurisdiction, or Article 17 of the 1968 Convention concerning prorogation of jurisdiction, apply. Service of such proceedings on all co-defendants shall be governed by the provisions of this Order.
5. (1) Subject to the provisions of the 1968 Convention, where the parties to any contract have agreed without conferring jurisdiction for the purpose of Article 17 of the 1968 Convention, that service of any summons in any proceedings relating to such contract may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract, then, in any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service shall be effected in accordance with these Rules.
(2) Where a contract contains an agreement conferring jurisdiction to which the provisions of Article 17 of the 1968 Convention concerning prorogation of jurisdiction apply and the originating summons is issued for service out of the jurisdiction without leave under rule 2 and is duly served in accordance with these Rules, the summons or notice of summons shall be deemed to have been duly served on the defendant.
6. Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of summons and not the summons itself shall be served upon him.
7. Subject to the provisions of this Order, notice in lieu of summons shall be given in the manner in which summonses are served.
8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 18 of the 1968 Convention, he may do so in the Form No 7 in Appendix A, Part II.
9. For the purpose of this Order:
“domicile” is to be determined in accordance with the provisions of section 15 and the Ninth Schedule of the 1998 Act;
“summons” includes, where the context so admits or requires, any other originating document.
[1] Order 11B, Service of Documents Outside of the Jurisdiction, inserted by SI 101 of 1994, effective 4 June 1994.
[2] Order 11B, Service out of the Jurisdiction under the Jurisdiction of Courts and Enforcement of Judgments Act 1998 (1968 and Lugano Conventions), inserted by SI 506 of 2005, effective 10 August 2005.
[3] Order 11B rule 9 modified by SI 407 of 2007, which inserted “’the 1968 Convention’ has the same meaning as in Order 11A, rule 9” following the definition therein of the 1998 Act. Amendment effective 29 June 2007.
[4] Order 11B substituted by SI 307 of 2013, effective 26 August 2013.
[5] Order 11B rule 4(1) substituted by SI 9 of 2016, effective 12 January 2016.