Can parties agree on a competent court in advance?
“Choice of court clauses” in which parties of a contract determine, for example, a specific court, or the courts of a specific country, to have jurisdiction over disputes arising between them in connection with that contract, are widely utilized. A survey prepared for the Hague Conference on Private International Law (2002) found that such clauses are particularly common in certain industries, such as insurance contracts, cross-border distributorships, loan contracts, guarantees and international commercial agreements. A set of choice of court practices of companies engaged in international business is available in a recent survey undertaken by the International Chamber of Commerce (ICC) (2003), which reflects the input of more than hundred companies from all parts of the world. Despite their prevalence in contracts, national systems vary considerably as to the prerequisites of choice of court clauses. While a number of countries place strict formalities on the acceptance of such claus
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