Jurisdiction

by Practical Law Dispute Resolution

A boilerplate jurisdiction clause that provides several options for submitting to the jurisdiction of the courts of England and Wales to settle disputes arising from an agreement. This clause offers drafting alternatives for exclusive, non-exclusive, and asymmetric (or one-way) jurisdiction clauses, as well as a reciprocal clause based on the defendant's domicile. The integrated drafting notes analyse the complex post-Brexit legal landscape, detailing the rules for determining the validity and enforceability of English jurisdiction agreements under the common law, the 2005 Hague Convention on Choice of Court Agreements, and the 2007 Lugano Convention. This clause also includes a provision for appointing an agent for service of process, which is vital for managing international litigation and avoiding potential delays and costs associated with serving proceedings on a party located outside the jurisdiction.