Jurisdiction(s):
United Kingdom and Ireland

Key definition

Agreement definition

What does Agreement mean? In competition law practice, an agreement is any form of coordination between undertakings that shows a meeting of minds about market conduct (for example pricing, output, customers or territories). It is not limited to a legally enforceable contract: it includes informal or “gentlemen’s” understandings, oral arrangements, email exchanges and tacit understandings, and extends to decisions of associations of undertakings. Mere parallel conduct is insufficient without evidence of contact or communication. The term is used in legislation and developed by case law: Article 101 TFEU, section 4 of Ireland’s Competition Act 2002, and the UK Chapter I prohibition in the Competition...

Hague Choice of Court Convention: Jurisdiction under Exclusive Agreements, Non-chosen Courts' Obligations, Article 6 Exceptions, Interim Measures and Anti-suit Injunctions

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Practice notes

This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when Jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—Application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi offers detailed explanations and commentary for each article.

Type of choice of court agreement

A jurisdiction agreement, also known as a choice of court agreement, can be drafted as exclusive or non‑exclusive. Article 1 of the Convention states that it expressly applies only in circumstances where the contracting parties have duly entered into an...

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Cara North

Corrs Chambers Westgarth

Cara has over a decade’s worth of experience acting for clients on large and complex multi-jurisdictional disputes, specialising in domestic and international commercial litigation, arbitration and investor-state dispute resolution. Her expertise includes arbitrating under the rules of various arbitral institutions and acting for clients in complex and high profile litigation in the UK, the US, Guernsey, the Cayman Islands, Hong Kong and Malaysia, primarily in the areas of construction projects, large corporate collapses and fraud. Cara also has specific expertise in private international law, having worked as a consultant for the Hague Conference on Private International Law for five years and, prior to that, as a legal officer to the Hague Conference. Cara has practiced in specialist disputes firms in London and Geneva, working on several international investment and commercial arbitrations under the UNCITRAL Rules, the Swiss Rules for...

Web page updated on 21/05/2026

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