Jurisdiction agreements—exclusive jurisdiction agreements


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Jurisdiction agreements—exclusive jurisdiction agreements


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
imgtext

This Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.

For guidance on:

  1. •

    non-exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements

  2. •

    asymmetric jurisdiction clauses, see Practice Note: Jurisdiction agreements—asymmetric jurisdiction agreements

What is an exclusive jurisdiction clause?

An exclusive jurisdiction clause or agreement, provides for the courts in a specified jurisdiction to hear disputes between the parties; it creates a contractual right not to be sued elsewhere. A number of exclusive jurisdiction clauses also include forum non conveniens waivers, ie the parties irrevocably waiver any right to bringing proceedings in a jurisdiction other than that stipulated in the jurisdiction clause.

Exclusive jurisdiction clauses differ from non-exclusive jurisdiction clauses in that they exclude the rights of the parties to commence proceedings in a different jurisdiction to that provided for in the jurisdiction clause. For example exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—example clauses—Exclusive jurisdiction agreements.

Exclusive jurisdiction clauses—construction

Whether the parties

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

Read more

Popular documents

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is

Forum non conveniens—principles

Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to

Rome I—parties fail to choose the applicable law

Rome I—parties fail to choose the applicable lawThis Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law

Rome I—application and interpretation

Rome I—application and interpretationThis Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, and