Implied Jurisdiction Agreements in International Commercial Contracts: A Global Comparative Perspective

Chukwuma Okoli, Abubakri Yekini

Research output: Contribution to journalArticlepeer-review

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, including common, civil, 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 Brussels Ia and Hague Conventions, would provide a more predictable basis for resolving cross-border disputes.
Original languageEnglish
Pages (from-to)321-361
Number of pages21
JournalJournal of Private International Law
Volume19
Issue number3
DOIs
Publication statusPublished - 12 Feb 2024

Keywords

  • implied terms, jurisdiction agreements, Choice of Court Convention, implied jurisdiction agreements

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