ABSTRACT
International contracts very frequently contain jurisdiction clauses, the purpose of which is to allocate the court that is to have jurisdiction in the event of any dispute arising between the parties to the contract. This chapter examines the formal and material requirements for exclusive jurisdiction clauses, assess their effect and impact vis-a-vis jurisdiction by submission, and explore the effectiveness and success of lis alibi and related actions provisions in avoiding the risk of irreconcilable judgments. Prorogation of jurisdiction can also be made by way of submission. By way of recapitulation, it is evident that the provisions on prorogation of jurisdiction, lis pendens and related actions have caused numerous problems of interpretation. On a number of occasions, the European Court of Justice has interpreted the formal requirements of jurisdiction agreements under article 17, but mostly on the original version thereof, prior to its amendments by both the 1978 and 1989 Accession conventions.
