Jurisdiction agreements—introduction

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

  • Jurisdiction agreements—introduction
  • What is a jurisdiction agreement?
  • Why have a jurisdiction agreement?
  • Other agreements that limit risk
  • Types of jurisdiction agreements
  • Breach of a jurisdiction agreement

Jurisdiction agreements—introduction

This Practice Note considers jurisdiction agreements, also known as choice of court agreements, in terms of what they do, why have them and similar sorts of agreements that have the same aim. Finally the various types of jurisdiction agreements are noted together with the remedies available in the event of a breach of a jurisdiction agreement.

In order to gain a full understanding of the law on jurisdiction agreements, this Practice Note should be read in conjunction with the detailed guidance on the following:

  1. which jurisdictional regime applies to a particular dispute, see Practice Note: Jurisdiction rules—this sets out which jurisdictional regime applies as between different countries

  2. the application of a formal jurisdictional regime:

    1. Hague Convention on Choice of Court Agreements—this convention applies between the UK and other contracting states in proceedings in which the parties entered into an exclusive jurisdiction agreement. For guidance, see Practice Notes: Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations, Hague Convention on Choice of Court Agreements—scope, Hague Convention on Choice of Court Agreements—jurisdiction and Hague Convention on Choice of Court Agreements—application by contracting states

    2. Regulation (EU) 1215/2012, Brussels I (recast)——this regulation applies to EU Member States. Following the UK leaving the EU it continues to be applied by the UK courts if provided for by transitional provisions. For guidance, see Practice Notes: Brussels I (recast)—application

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