Effects of Jurisdiction Clauses in India and under the Common Law

Open almost any commercial contract, from a software licence to a flat-booking form, and near the bottom you will find a sentence saying that all disputes are subject to the courts of a named city. Most people sign it without reading. But that one sentence can decide where you must sue, how much it will cost, and whether a judgment will be useful. Can parties simply agree on the court? And can a court decline to honour the agreement? This topic answers both questions in Indian and English law.

In two minutes

A jurisdiction clause lets parties choose the court for their disputes; Indian and English courts generally honour it, but neither treats it as binding absolutely, and the court keeps a discretion in a proper case.

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