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This Practice Note considers the incorporation of a Jurisdiction clause into a Contract by Reference either to standard terms and conditions or to the wording of a separate contract. It specifically considers the position when dealing with charter-parties and bills of lading as well as insurance and reinsurance. The Practice Note also provides examples of clauses which the courts have held to not incorporate jurisdiction clauses from one contract into another.

The Practice Note contains reference to cases decided under the Brussels Convention, Regulation (EC) 44/2001, Brussels I and Regulation (EU) 1215/2012, Brussels I (recast) (the Brussels Regime) where they provide general guidance as to the approach of the courts to the incorporation of jurisdiction agreements. The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction under the Brussels Regime. For guidance, see Practice Note: Brussels I (recast)—application to the UK post IP completion day (jurisdiction). It also impacts whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court