Who decides on jurisdiction clauses?

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Description/Abstract

Discusses the European Court of Justice ruling in Erich Gasser GmbH v Misat Srl (C116/02) on whether the court first seised of a commercial dispute has the jurisdiction to decide whether an exclusive jurisdiction clause nominating another jurisdiction exists. Considers whether the court nominated by the clause can claim jurisdiction even though it was not the court first seised. Interprets the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968 Art.17 and Art.21. Comments on whether it is still important when drafting a commercial contract to include an effective jurisdiction clause