Determining court jurisdiction

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This Overview provides a summary of different mechanisms by which the courts of England and Wales (English courts) may determine whether they have jurisdiction over a dispute. Which courts have jurisdiction to determine a dispute is only one consideration when dealing with a dispute involving cross-border elements. For insight into the different issues that may need to be considered, see: Cross border considerations—checklist.

For an overarching guide explaining different jurisdiction issues, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners which aims to provide an understanding as to what is meant by the term ‘jurisdiction’ when dealing with cross-border litigation. It explains the importance of determining which court has jurisdiction and how the English courts will determine whether they have jurisdiction to determine a particular dispute. There are a number of jurisdiction regimes the courts can apply to determine jurisdiction and it can be difficult to determine which one applies. Once the relevant jurisdiction regime has been identified, navigating through it in terms of both its scope and application is also not always straightforward. This Practice Note aims to assist with this process by identifying the

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