Jurisdiction agreements—exclusive jurisdiction agreements


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Jurisdiction agreements—exclusive jurisdiction agreements


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.

For guidance on:

  1. •

    non-exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements

  2. •

    asymmetric jurisdiction clauses, see Practice Note: Jurisdiction agreements—asymmetric jurisdiction agreements

What is an exclusive jurisdiction clause?

An exclusive jurisdiction clause or agreement, provides for the courts in a specified jurisdiction to hear disputes between the parties; it creates a contractual right not to be sued elsewhere. A number of exclusive jurisdiction clauses also include forum non conveniens waivers, ie the parties irrevocably waiver any right to bringing proceedings in a jurisdiction other than that stipulated in the jurisdiction clause.

Exclusive jurisdiction clauses differ from non-exclusive jurisdiction clauses in that they exclude the rights of the parties to commence proceedings in a different jurisdiction to that provided for in the jurisdiction clause. For example exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—example clauses—Exclusive jurisdiction agreements.

Exclusive jurisdiction clauses—construction

When construing

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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