April 22, 2017

CIVIL PROCEDURE CODE OF THE STATE OF ERITREA

BOOK II – CIVIL PROCEDURE IN GENERAL

TITLE I – JURISDICTION

Chapter 1. – International Jurisdiction

Art. 33. – Scope of Application.

Unless otherwise provided by an international convention or a treaty to which the State of Eritrea is a party, the jurisdiction of the Eritrean courts in international civil and commercial matters is defined by this Chapter.

Art. 34. – Defendant’s Forum.

(1) Unless otherwise provided by specific provisions of Eritrean law, jurisdiction lies with the Eritrean courts if the defendant has his habitual residence in the State of Eritrea.

(2) When the defendant is a company or other legal person, jurisdiction lies with the Eritrean courts if the defendant has its principal seat of business, or otherwise carries on business, in the State of Eritrea. The principal seat of business shall be the location of the head office as designated in its articles of association, unless it is shown that the principal seat of its business is elsewhere.

Art. 35. – Jurisdiction by Agreement.

(1) If the parties have agreed that the courts of the State of Eritrea shall have jurisdiction to settle any dispute which has arisen or may arise in connection with a particular legal relationship concerning monetary claims, the Eritrean courts shall have exclusive jurisdiction.

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