Overview

exclusive jurisdiction


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1 That part of the jurisdiction of the Court of Chancery that belonged to the Chancery alone. The jurisdiction ceased after the Judicature Acts 1873–75, but the matters under exclusive jurisdiction (e.g. trusts, administration of estates) are now dealt with in the Chancery Division. Compare concurrent jurisdiction.

2 A clause in a commercial agreement providing that only the English, Scottish, or other courts will be entitled to determine disputes between the parties. Normally agreements provide that the parties agree to submit to either the exclusive or the nonexclusive jurisdiction of particular courts. If no such clause is included, international conventions, such as the Brussels and Lugano conventions, determine which courts have jurisdiction. EU regulation 44/2001 contains provisions in this area applicable from January 2001, under which customers are given a right to bring proceedings in their home state in some cases.

Subjects: Law.


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