There is nothing to prevent you from inserting a clause that simultaneously confers exclusive jurisdiction on two states, which may be preferred if the contracting parties reside in different jurisdictions and it is not possible to reach an agreement on the preferred national jurisdiction. One way to do so would be to explain that if Part A attacks Part B, Court A is competent and If Part B has sued Part A, Court B should have jurisdiction. If this is the case, it is important to ensure clarity during development, so that the intent is clear. Jurisdiction relates to the judicial or judicial system in which your case is physically tried. For example, a court may be a kind of “New York State Courts,” whereas the law will be a kind of “New York State Law.” A “law on the law” clause is found uniformly in contracts and legal agreements between companies and their users. You will usually find these clauses in the terms and conditions of sale of websites or mobile applications. Another very concise and direct legal clause is found in MakerBot`s terms of sale. This clause is called “Law in Force,” which helps users find it under the conditions. This option, called “hybrid” or “asymmetrical” clauses, often appears in loan contracts because the borrower merely takes legal action in a particular jurisdiction and the Bank reserves the right to initiate proceedings before a competent court, i.e. where the assets are located. Such clauses are generally negotiated where there is an imbalance of bargaining power between the parties, as they clearly place one party in a more favourable position than the other. Recent developments mean that contractors should be careful in applying these clauses, particularly with regard to European transactions.6 If there are other related agreements that are part of the transaction, check to see if you want all disputes to be settled in the same jurisdiction. For commercial reasons, the parties often accept contrary jurisdiction clauses.
This may result in parallel proceedings and other litigation to determine which jurisdiction is competent. If unavoidable, make sure that the drafting is clear and that the contracts that are central to the transaction refer the disputes to the preferred jurisdiction.14 Here are some basic tips to note when creating your own clause. Each party to this Agreement unequivocally agrees that the courts of England are not exclusively competent to decide, resolve and/or decide disputes, controversies or claims (including non-contractual disputes, controversies or claims) arising from or related to this Agreement, including matters relating to their existence, validity, formation or termination. To this end, each party submits irrevocably to the jurisdiction of the English courts. Here are some examples of legal clauses used in legal agreements for websites and mobile applications. Even if you can choose your right, a company can sometimes choose not to choose yet. Example Hin-Pro International Logistics/Compania Sud Americana De Vapores, if the absence of the word “exclusive” did not prevent the Court of Appeal from constructing the provision in question as an exclusive jurisdiction clause: special caution is required when it is based on standard conditions and if your counterparty is established in the EU, since Article 25 of the Brussels Regulation requires a consensus on the jurisdiction clause. If you wish to invoke the jurisdiction clause, be sure to draw the other party`s attention to the clause and jurisdictional choice.8 Spotify combines its information on the law and jurisdiction in force in the same clause using a two-column diagram. A user can easily find out which country he is in the table and see what the choice of law and jurisdiction will be for that country. Current legislation may be for agreements in the United States or for a particular country in a particular state, if an agreement is of an international nature.