International choice-of-courts-agreements

Abstract

ABSTRACT Jurisdiction agreements are of great importance in international business. In general, parties are free to choose a competent court unless a state claims exclusive jurisdiction. In addition, there are restrictions for the protection of consumers, insured parties and employees. The agreement must be validly concluded according to the law of the chosen court, in particular meet the form requirements. It is valid separately from the main contract, establishes exclusive jurisdiction and covers all disputes arising from the concrete relationship between the parties, unless otherwise agreed. In general, it is respected by derogated courts. Costs arising from defending a claim in a derogated court may be recovered as damages in many states. Common law, in addition, allows an anti-suit injunction to restrain the right to sue in a derogated court.