Case four. An endorsement is made for the execution of the project contract that has been concluded. Is the endorsement covered by the “all contract litigation” provision in the project contract? You can, if you wish, design your jurisdiction clause in order to limit yourself to a particular court in a jurisdiction. Under English law, it is perfectly legitimate to provide that a competent court in London has sole jurisdiction to prevent proceedings in another part of England and Wales12. when contracting with parties of a legal order outside the United Kingdom, it is recommended that the courts of England or the courts in England and Wales be as competent. If there are other related agreements that are part of the transaction, you should check whether all disputes should be resolved in the same jurisdiction. For commercial reasons, the parties often accept contrary jurisdiction clauses. This may result in parallel proceedings and other litigation to determine which jurisdiction is competent. If it is unavoidable, make sure that the drafting is clear and that the contracts at the centre of the disputes of the transaction refer to the preferred jurisdiction14.14 Note the words “are born under”. So if the challenger cleverly says leave, Mr. Bingham, you cannot decide because there is no litigation, we have assumed that the decision that jurisdiction is not an issue that “is born under the treaty” is only “related” to the treaty. Do you see the difference? The warrant officer still decides whether to continue, but it is taken as a non-binding decision.
This may not be the right approach. A jurisdiction clause may provide for jurisdiction in a country linked to one or more parties, or it may provide for jurisdiction in a neutral forum. There are three main reasons for determining the jurisdiction: the respondent argued that section 5 was a priority, but Mr. Justice Ramsey felt that the contract should be read as a whole and that special attention should be paid to the tailored modifications to the standard form agreed between the parties. The Warrant Officer is therefore responsible for reviewing disputes arising from, at or from the main contract.