Non-exclusive jurisdiction clauses in England and Wales: construction, effect, service out, parallel proceedings, and enforcement including anti-suit injunction principles and the 'strong reasons' test
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Practice notes
This Practice Note examines non-exclusive jurisdiction agreements (also referred to as choice of court agreements or forum selection clauses). It outlines what a non-exclusive jurisdiction clause is and the legal effect it has, and also addresses the enforcement of such clauses. For a broad introduction to jurisdiction agreements, see Practice Note: Jurisdiction agreements—introduction. For guidance on other forms of jurisdiction agreement, see: Determining court jurisdiction—overview.
What is a non-exclusive jurisdiction clause?
A non-exclusive jurisdiction clause may stipulate that the courts of a specified jurisdiction are competent to hear disputes between the parties, or it may omit any express designation of jurisdiction. Unlike an exclusive jurisdiction clause, it is without prejudice to the entitlement of any party to begin proceedings in a different forum from that identified in the clause. Where parties agree a jurisdiction clause that does not nominate any particular jurisdiction, it may nevertheless be treated as a non-exclusive jurisdiction clause. This was considered in Axis Corporate Capital UK II Ltd v ABSA Group Ltd (2022), where the judge dismissed the argument that such a clause was worldwide in scope and therefore not a non-exclusive jurisdiction clause...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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