Commentary

4.2 Exclusive and non-exclusive jurisdiction

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

4.2 Exclusive and non-exclusive jurisdiction

4.2 Exclusive and non-exclusive jurisdiction

If the parties agree that any proceedings between the parties in connection with their contract should be brought only in the courts of one country, then jurisdiction of those courts of those courts should be ‘exclusive’. This is recognised by the Brussels Regulation which provides that if the parties agree that the courts of a particular place are dealing with a contractual dispute, those courts will have jurisdiction1. However, if the parties wish the jurisdiction of a country’s court to be ‘non-exclusive’, then it will be possible to bring proceedings in a foreign

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial