Determining court jurisdiction

This Overview provides a summary of different mechanisms by which the courts of England and Wales may determine that they have jurisdiction.

Note: which courts have jurisdiction to determine a dispute is only one consideration when dealing with a cross border dispute. For an insight into the different issues that need to be considered, see: Cross border considerations—checklist.

Determining jurisdiction—international convention

The courts may determine jurisdiction by application of an international convention. The most general one is the Convention on Choice of Court Agreements (the 2005 Hague Convention) which was concluded on 30 June 2005 and came into force for the UK by virtue of its membership of the EU on 1 October 2015. Following the UK’s departure from the EU, the convention came into force for the UK in its own right on 1 January 2021. For guidance, see Practice Note: Tracker—Hague Convention on Choice of Courts Agreements.

The 2005 Hague Convention only applies to civil and commercial matters where the parties have entered into an exclusive choice of court agreement which falls within the definition set out in the convention. There are a number of

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