Jurisdiction(s):
United Kingdom

Key definition

Jurisdiction definition

What does Jurisdiction mean? Jurisdiction, in legal practice, describes a court’s power to hear and determine a dispute and the limits of that power, both by subject matter and by the territory over which the court’s authority extends. It encompasses personal jurisdiction over the parties (often based on service, presence, domicile or consent, including exclusive jurisdiction clauses) and the court’s territorial and subject‑matter competence. The term is descriptive rather than fixed by a single definition; its scope is set by statute, rules of court, international instruments and case law (for example, the Senior Courts Act 1981, the Civil Jurisdiction and Judgments...

Asymmetric jurisdiction clauses under English law: finance usage, interpretation, Hague Choice of Court/Judgments Conventions and Brussels I issues, and enforcement (anti-suit), with unilateral arbitration options

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Practice notes

This Practice Note explores asymmetric jurisdiction agreements. It outlines the meaning of an asymmetric jurisdiction clause and includes practical illustrations of clauses appearing in contracts. It also reviews how such clauses interact with the Hague Convention on Choice of Court Agreements and the Hague Judgments Convention. For further commentary on other forms of jurisdiction agreement—namely exclusive and non‑exclusive jurisdiction clauses—see the following Practice Notes:

Jurisdiction agreements—exclusive jurisdiction agreements
Jurisdiction agreements—non-exclusive jurisdiction agreements

What is an asymmetric jurisdiction clause?

Asymmetric jurisdiction clauses (sometimes described as unilateral non‑exclusive, hybrid, or one‑way choice of court agreements) are a particular form of jurisdiction provision commonly employed where the contracting parties have differing preferences regarding which courts should hear and resolve disputes arising under, or in connection with, the contract. Ordinarily, these clauses stipulate that one party may commence proceedings only in the courts of a specified, named forum, while the other party may issue proceedings in any court that otherwise has jurisdiction. The UK courts have confirmed the validity of such clauses, although certain other jurisdictions have adopted a different stance...

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Web page updated on 21/05/2026

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