A CONTRACT BETWEEN ENGLISH COMPANY AND GERMAN COMPANY: HOW DOES GERMAN COURTS RESPECT AND ENFORCE THE CLAUSE PROVIDING FOR THE JURISDICTION OF ENGLISH COURTS?

Abstract

Jurisdiction clauses are important part of a contractual or commercial agreement especially in cross border agreement as they specify which State’s court will have the powers to adjudicate and resolve disputes/issues arising from the agreement. Jurisdiction clauses are very significant as they give certainty to the location of the courts that will sit over any dispute from the contract. This study focuses on what amendments would be made to enable German courts respect and enforce a clause specifying that English courts have jurisdiction to entertain matters relating to a contract between an English company and a German company.