Jurisdiction(s):
United Kingdom

Drafting and enforcing B2B jurisdiction clauses in England and Wales: exclusive/non-exclusive/asymmetric, ADR carve-outs, forum non conveniens and anti-suit, Hague 2005/2019, service and third parties

Published by a LexisNexis Commercial expert

Practice notes

This Practice Note

This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business (B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer (B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is directed at commercial lawyers drafting and negotiating commercial contracts in England and Wales and proceeds on the basis that the courts of England and Wales will be selected. If another forum is to be considered, see the section below: Considerations when selecting jurisdiction. For a checklist when drafting and negotiating governing law and jurisdiction clauses, see: Governing law and...

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Web page updated on 26/05/2026

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