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Part IV Commencing and Preventing Proceedings, 9 Establishing and Challenging Jurisdiction

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Jurisdiction under the Lugano Convention — Jurisdiction under the Brussels I Regulation — Litigation risk
9.01 Venue risk—the risk of litigation in an unfavourable forum—is often avoidable. In many cases the jurisdiction of one court is assured, and proceedings elsewhere prevented, by the presence of an exclusive jurisdiction agreement, but the ubiquity of jurisdiction agreements in commercial contracts does not make the general law of jurisdiction redundant. Not all jurisdiction agreements are exclusive in effect, leaving open the possibility of proceedings in any court of competent jurisdiction. Nor do all such agreements embrace every dispute arising between the...
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