| Commentary

4.1 Law and jurisdiction

| Commentary

4: PROPER LAW AND JURISDICTION

(For precedents of law and jurisdiction clauses see Form 4.1 [1042] onwards.)

4.1 Law and jurisdiction

A clause relating to law and jurisdiction indicates which legal system applies to an agreement or a dispute concerning the agreement and which court will hear the matter. If the agreement concerns only English parties, and rights and obligations arising only in England, in most cases it is not necessary to include a law and jurisdiction clause.

It may be essential to include a law and jurisdiction clause if a foreign element is present, for example:

  1. (a)

        where one or more parties

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