Jurisdiction agreements—example clauses

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

  • Jurisdiction agreements—example clauses
  • Exclusive jurisdiction agreements
  • Example: Exclusive jurisdiction clause
  • Examples: Exclusive jurisdiction clauses with a forum non conveniens waiver
  • Example: held not to be an exclusive jurisdiction clause
  • Non-exclusive jurisdiction agreements
  • Example: Non-exclusive jurisdiction clause and forum non conveniens waiver
  • Example: Non exclusive English jurisdiction clause plus forum non conveniens waiver with an express reservation of the right to bring proceedings in another jurisdiction
  • Asymmetric jurisdiction agreements
  • Examples: asymmetric jurisdiction agreements

Jurisdiction agreements—example clauses

This Practice Note provides examples of the various different types of jurisdiction agreements (also called choice of court agreements), namely exclusive, non-exclusive and asymmetric jurisdiction agreements. For detailed guidance on these types of jurisdiction agreements, see Practice Notes:

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

  2. Jurisdiction agreements—asymmetric jurisdiction agreements

This Practice Note includes examples of jurisdiction clauses involving a forum non conveniens waiver. This means that the parties have agreed to waive their right to argue forum non conveniens. For guidance on the common law doctrine of forum non conveniens, see Practice Note: Forum non conveniens—scope and application.

Jurisdiction agreements maybe incorporated into a contract by reference either to standard terms and conditions or to the wording of a separate contract. For guidance, see Practice Note: Jurisdiction agreements by incorporation.

Determining whether a jurisdiction agreement is a valid agreement, so as to give the courts’ jurisdiction to determine a dispute, will require either:

  1. consideration by practitioners as to the application of a formal jurisdiction regime in force. For guidance, see Practice Notes:

    1. Understanding jurisdiction—a guide for dispute resolution practitioners

    2. Jurisdiction rules

    3. Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction

  2. where such regime is not in force, consideration by the courts at the stage of determining whether to grant an application for permission to serve out of the jurisdiction. For guidance,

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