Jurisdiction agreements—approach of the courts of England and Wales
Jurisdiction agreements—approach of the courts of England and Wales

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Jurisdiction agreements—approach of the courts of England and Wales
  • What rules apply—relevance of the common law rules
  • Requirements for a valid jurisdiction agreement
  • Common law requirements
  • Oral jurisdiction agreements
  • The effect of a jurisdiction agreement—general
  • The effect of a jurisdiction agreement—impact of type of jurisdiction agreement
  • The effect of a jurisdiction agreement—impact of the relevant regime
  • The effect of a jurisdiction agreement—general principles of construction
  • General principles of construction
  • More...

Jurisdiction agreements—approach of the courts of England and Wales

This Practice Note looks at the English common law and how the courts of England and Wales will construe and apply it when determining the interpretation and application of a jurisdiction agreement (also known as choice of court agreements). The requirements for a valid jurisdiction agreement are considered, as well as the court’s general approach to construing such agreements. How the court will determine whether a dispute falls within the scope of the jurisdiction agreement between the parties is discussed, including the implications of the existence of multiple jurisdiction agreements (including where standard form contracts have been used). Finally, the relationship of the jurisdiction agreement with the rest of the contract is addressed, including as to separability of the jurisdiction agreement and also the consequences for validity of a jurisdiction agreement falling within a contract that is alleged to be void or voidable.

For information on jurisdiction agreements generally, including as to the different types of jurisdiction agreement, see Practice Notes:

  1. Jurisdiction agreements—introduction

  2. Jurisdiction agreements—asymmetric jurisdiction agreements

  3. Jurisdiction agreements—exclusive and non-exclusive jurisdiction agreements

  4. Jurisdiction agreements—example clauses

For information on the common law doctrine of forum non conveniens, see Practice Notes:

  1. Forum non conveniens—scope and application

  2. Forum non conveniens—connecting factors

  3. Forum non conveniens—requirement for justice

What rules apply—relevance of the common law rules

There are various rules and regimes that

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