Abstract
This article examines the principles of implied jurisdiction agreements and their validity on a global scale. While the existing scholarly literature primarily focuses on express jurisdiction agreements, this study addresses the evident lack of scholarly research works on implied jurisdiction agreements. As such, it contributes to an understanding of implied jurisdiction agreements, providing valuable insights into their practical implications for international commercial contracts. The paper’s central question is whether implied jurisdiction agreements are globally valid and should be enforced. To answer this question, the article explores primary and secondary sources from various jurisdictions around the world, including common law, civil law, and mixed legal systems, together with insights from experts in commercial conflict of laws. The paper argues for a cautious approach to the validity of implied jurisdiction agreements, highlighting their potential complexities and uncertainties. It contends that such agreements may lead to needless jurisdictional controversies and distract from the emerging global consensus on international jurisdiction grounds. Given these considerations, the paper concludes that promoting clear and explicit jurisdiction agreements, as supported by the extant international legal frameworks, such as the Hague Conventions of 2005 and 2019, the EU Brussels Ia Regulation, and the Lugano Convention, would provide a more predictable basis for resolving cross-border disputes.
Original language | English |
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Pages (from-to) | 321 - 361 |
Number of pages | 41 |
Journal | Journal of Private International Law |
Volume | 19 |
Issue number | 3 |
Early online date | 12 Feb 2024 |
DOIs | |
Publication status | E-pub ahead of print - 12 Feb 2024 |
Bibliographical note
We acknowledge the financial support of WWU Fellowship Grant of the University of Munster.Keywords
- Choice of Court Agreements
- implied
- Hague Choice of Court Convention 2005
- Hague Judgments Convention 2019
- common law
- civil law
- mixed legal systems
- global comparative perspectives
- Brussels Ia Regulation
- Lugano Convention