Commentary

180 Jurisdiction by agreement

BAILMENT vol 3(1)
| Commentary

180 Jurisdiction by agreement

| Commentary

180 Jurisdiction by agreement

It seems unlikely that any responsible institution engaged in a cross-border loan would wish to become embroiled in any dispute or uncertainty as to jurisdiction. The preferable course is for matters of jurisdiction to be settled in advance by agreement. Such agreement might stipulate the courts of a particular country as having exclusive jurisdiction over any dispute or controversy arising from or in connection with the loan, or it might provide for the resolution of disputes by arbitration. Where the parties have made a binding agreement to arbitrate, and one of them later seeks to litigate

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