Jurisdiction law

Jurisdiction law often comes into play with international contract law. Where parties to a contract are located in different countries, there should be a clause which determines which country’s law will apply to the contract and where any disputes under the agreement will be determined. These clauses are very important and any solicitor drafting an international contract that fails to include or to properly draft the clauses could be liable for negligence.

If an exclusive jurisdiction clause is used and dispute about this arises, then the courts are likely to decide that this will apply and the case should be heard as detailed in the clause. In the event the court holds that the exclusive jurisdiction clause does not apply, then it will be because of interests of parties not bound by the clause or because if it does allow the clause to apply, there is a high likelihood of parallel proceedings being commenced in two countries.

Jurisdiction law is incredibly complex and can lead to massive solicitors’ bills for all concerned. Due to the large claims often involved in cross-jurisdiction law and the complexity of the cases, it is highly advisable to instruct very knowledgeable solicitors who have a lot of expertise in the jurisdictions involved. You should also ensure that the firm that you choose has people who speak the language of the country concerned, as interpreters’ bills can be very large if they do not. As well as instructing a solicitor to handle your case in the event of a dispute, it is also important that you instruct a solicitor to draft the initial contract, so disputes can be avoided as much as possible.

If you would like to obtain legal advice on jurisdiction law, Contact Law can put you in touch with a local specialist solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 0800 1777 162 or complete the web-form above.