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4 Clauses, Principles, and Interpretation

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Contractual agreements on jurisdiction — Service of suit clauses — Choice of law clauses — Scope of duty — Jurisdiction clauses — Exemption clauses — Damages and recovery — Rome Convention — Validity of contract — Jurisdiction under the Brussels I Regulation
4.01 The jurisdiction of an English court does not depend on the parties having agreed to it in advance; and still less does it depend on whether the parties have agreed to the English courts having exclusive jurisdiction over the dispute. Instead, jurisdiction depends on the service of process and, where this is challenged1 on the court not declaring that it has no jurisdiction and service being set aside. No prior agreement on jurisdiction is required. 4.02 But there are two broad situations in which a jurisdiction clause will be of importance; and when this...
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