View source for Jurisdiction

{{boiler|}}{{drop|G|enerally speaking, the}} flavour of courts who have the power to resolve any litigation concerning your agreement. In a cross-border agreement, it is usual to state the [[governing law]] and whose courts have [[jurisdiction]]; in a purely domestic agreement they will not, it's assumed that local law and local courts will always prevail.

There is always fun<ref>It is all relative, you understand. Fun is the one thing money can’t buy.</ref> to be had arguing over whether [[jurisdiction]] should be [[Exclusive jurisdiction|exclusive]] or [[Non-exclusive jurisdiction|non-exclusive]], and what counts as a [[forum non conveniens|convenient forum]].
====Exclusive jurisdiction====
Mostly<ref>“Mostly”.</ref> pretty tedious, but the [[litigation department]] will get excited about it. Draw what conclusions about them, therefore, as you wish. The fun<ref>As in “fun”.</ref> questions will be such as these:
*Should the courts of (say) [[England and Wales]] have [[Exclusive jurisdiction|exclusive]] or [[non-exclusive jurisdiction]] to hear disputes. Even though the contract is governed by English law, might an Italian court — or a chamber of the Luxembourgouisie — have a stab at arbitrating it? Now I know what you are thinking. In what messed up, purblind existence would one be seriously entertaining a foreign court being asked to apply English law? Just go to an English court! It is a fair question, but you might have a Malaysian [[broker]] contracting with a Venezuelan [[asset manager]] under [[English law]], in which case it might be a pain in the posterior for both to schlep up to the [[courts of chancery]] in Fleet Street to sort out the inevitable dispute.

====Non-exclusive jurisdiction====
When you are fairly keen for [[English courts]] to hear disputes about your contract — and (cough) any [[non-contractual obligation]]s arising out of it, but [[I'm not going to die in a ditch about it|you won’t die in a ditch about it]]. Compare with [[exclusive jurisdiction]].
====Rome II====
{{noncontractualobligations}}
Parties can agree to submit [[non-contractual obligations]] to the law of their choice. Previously, English courts haven’t been sure as to whether this is [[cricket]]. Rome II confirms that it ''is'', where the agreement was made after the event giving rise to the damage; or where all parties are pursuing a commercial activity, if freely negotiated ''before'' the event giving rise to the damage occurred.

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*[[governing law]]
*[[process agent]]
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