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11. Time and place of despatch and receipt

(1) Unless otherwise agreed between the Originator and the Addressee, the time of despatch of an Electronic Communication is the time when it enters an Information System outside the control of the Originator or of the party who sent it on behalf of the Originator.
(2) Unless otherwise agreed between the Originator and the Addressee, the time of receipt of an Electronic Communication is:
(a) if the Addressee has designated an Information System for the purpose of receiving data messages, receipt occurs:
(i) at the time when the data message enters the designated Information System; or
(ii) if the data message is sent to an Information System of the Addressee that is not the designated Information System, at the time when the data message is retrieved by the Addressee, or
(b) if the Addressee has not designated an Information System, receipt occurs when the data message enters an Information System of the Addressee.
(3) Unless otherwise agreed between the Originator and the Addressee, an Electronic Communication is deemed to be despatched at the place where the Originator has its place of business and is deemed to be received at the place where the Addressee has its place of business. For the purposes of this section:
(a) if the Originator or the Addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the registered office; or
(b) if the Originator or the Addressee does not have a place of business or registered office, reference is to be made to its habitual residence.
(4) Section 11(3) applies even if the place where the Information System supporting an electronic address is located in a place that may be different from the place where the Electronic Communication is deemed to be despatched or received under section 11(3).
(5) Nothing in this section will affect the deemed time for the service of documents under the ADGM Court Procedure Rules 2016, or any deeming provisions for the service of documents contained in an Enactment.