Submission to jurisdiction: Overview, definition and example
What is submission to jurisdiction?
Submission to jurisdiction is a contractual provision in which one or both parties agree to submit to the legal authority of a specific court or jurisdiction in the event of a dispute. This means that the parties agree that any legal actions or proceedings related to the contract will be handled by a court in a particular location or under the laws of a specific jurisdiction.
For example, a company may agree in its contract with a supplier that any disputes will be resolved in the courts of New York, regardless of where the parties are located.
Why is submission to jurisdiction important?
Submission to jurisdiction is important because it establishes a clear venue for resolving disputes, avoiding confusion or uncertainty about where legal actions can be filed. It helps ensure that both parties are aware of the legal procedures and the courts in which they will be required to defend or pursue claims. This provision also prevents one party from claiming that the court chosen is not convenient or lacks authority.
Including submission to jurisdiction clauses provides clarity, reduces the risk of forum shopping (where parties try to litigate in a jurisdiction more favorable to them), and helps streamline legal processes.
Understanding submission to jurisdiction through an example
A contract for a commercial lease includes a submission to jurisdiction clause stating that any disputes arising from the lease will be litigated in the courts of California, regardless of the lessor's or lessee’s locations. If the lessee later has a dispute with the lessor, both parties are bound by the jurisdiction specified in the contract and must handle the dispute in the California courts.
An example of a submission to jurisdiction clause
Here’s how a submission to jurisdiction clause might appear in a contract:
“The Parties agree that any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Insert Jurisdiction], and each Party hereby submits to the personal jurisdiction of such courts. The Parties further waive any objections to venue or forum non conveniens related to the chosen jurisdiction.”
Conclusion
Submission to jurisdiction clauses provide clarity about the legal venue for resolving disputes, ensuring that both parties know where litigation or arbitration will occur. By agreeing to submit to a specific jurisdiction, parties reduce uncertainty, avoid venue-related disputes, and streamline the legal process. A well-drafted submission to jurisdiction clause supports the enforceability of the agreement and helps manage legal risks effectively.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.