Jurisdiction Clause

A jurisdiction clause selects the court or courts that will hear disputes under a contract of carriage or charter, distinct from the choice of governing law. Clauses are exclusive (only the named forum) or non-exclusive (the named forum plus any other competent court). English courts uphold exclusive English jurisdiction clauses and will grant anti-suit injunctions to restrain foreign proceedings brought in breach, subject to comity. The Hague Convention on Choice of Court Agreements 2005 obliges contracting states to honor exclusive clauses and enforce the resulting judgments. In bills of lading, a clause may bind the holder, but national law sometimes overrides it to protect cargo interests against a remote forum.