9 Non-Exclusive Jurisdiction Clauses

Subject(s):

Jurisdiction clauses — Injunctions to restrain proceedings abroad

This chapter focuses on non-exclusive jurisdiction clauses. A non-exclusive jurisdiction clause permits litigation to proceed in the selected forum, but does not expressly prohibit litigation elsewhere. The purpose of a non-exclusive jurisdiction clause is ‘to confer jurisdiction and avoid disputes about jurisdiction’. It follows that litigation elsewhere is not in breach of a non-exclusive clause, unless in particular cases it can be said to be prohibited by an implied term of the contract, derived from the non-exclusive clause. Consequently, if there is a non-exclusive jurisdiction clause in favour of a particular jurisdiction, the general tests for the grant of anti-suit injunctions to restrain proceedings abroad will have to be satisfied, save where there is a relevant implied term prohibiting parallel litigation.