Abstract
Foreign Jurisdiction clauses are of critical importance to international transactions. Together with choice of law provisions they are almost indispensable preconditions to achieving the orderliness and predictability, essential to any international business transaction1. Thus, it is not uncommon these days for parties involved in International transactions to specify in the contractual agreements a court of a particular country where they want their dispute resolved. Such clauses or provisions in a commercial agreement are known as jurisdictional clauses. By inserting such provisions no other court, (including the forum court) has jurisdiction to adjudicate over the disputes of the parties. However, in spite of such provisions, you still find parties to such agreements referring their disputes to the forum court in breach of the foreign jurisdiction clause....
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