Jurisdiction(s):
United Kingdom

Key definition

Dispute resolution definition

What does Dispute resolution mean? Dispute resolution describes the processes used by lawyers and clients to resolve legal disagreements—by agreement, determination or adjudication—inside or outside court. It is a descriptive, cross‑practice term rather than a single statutory definition; particular mechanisms are set by procedure and sector legislation. In pensions practice, disputes between members, employers and trustees are commonly handled through internal dispute resolution procedures (IDRP/IDR), ombudsman schemes, alternative dispute resolution (mediation or arbitration), and litigation. In the UK, The Pensions Ombudsman (TPO) offers an Early Resolution Service and formal determinations; TPAS’s dispute‑handling functions have transferred to TPO, with general guidance now provided by...

Jurisdiction agreements: exclusive, non-exclusive and asymmetric clause examples with forum non conveniens waivers, carve-outs, and cases where exclusivity was rejected

Published by a LexisNexis Dispute Resolution expert

Practice notes

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This Practice Note outlines examples of the different types of jurisdiction agreements (also known as choice of court agreements): exclusive, non-exclusive and asymmetric. In some instances, the jurisdiction clause includes a forum non conveniens waiver, meaning the parties agree not to contend the doctrine of forum non conveniens (i.e. which court is the proper forum for the dispute). For fuller guidance, see the following Practice Notes:

Jurisdiction agreements—exclusive jurisdiction agreements
Jurisdiction agreements—asymmetric jurisdiction agreements
Forum non conveniens—principles

Exclusive jurisdiction agreements

Example: Exclusive jurisdiction clause

In Cia Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd (2015), the Court of Appeal treated a clause as exclusive even though the word ‘exclusive’ was missing. The clause provided that the Bill of Lading, and any claim or dispute arising under it, was to be governed by English law and fall within the jurisdiction of the English High Court of Justice in London. It further stated that, if proceedings were started elsewhere despite this, such proceedings were to be brought before ordinary courts of law. The court considered the wording ‘shall be subject to’ to be imperative and directory...

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Web page updated on 21/05/2026

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