Jurisdiction agreements—introduction
Jurisdiction agreements—introduction

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

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

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

This Practice Note considers jurisdiction agreements, also known as choice of court agreements, in terms of what they do, why have them and the 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. application of jurisdictional regimes, see Practice Notes:

    1. Brussels I (recast)—choice of court agreements (art 25) and Brussels I (recast)—requirements for an effective choice of court agreement (art 25)—these Practice Notes explain the rules that will be applied to jurisdiction agreements where the dispute is governed by Regulation (EU) 1215/2012, Brussels I (recast). This regulation applies to EU Member States

    2. Lugano Convention 2007—jurisdiction agreements and entering an appearance—this Practice Note considers the rules set out in the Lugano Convention which