contract-law legal-terms
What is meant by exclusive jurisdiction?
<p>For example from <a href="https://www.lawinsider.com/clause/forum-selection?cursor=ClISTGoVc35sYXdpbnNpZGVyY29udHJhY3RzcjMLEhVDbGF1c2VTbmlwcGV0R3JvdXBfdjciGGZvcnVtLXNlbGVjdGlvbiMwMDAwMDAxNAwYACAA" rel="nofollow noreferrer">lawinsider</a> emphasis mine</p>

<blockquote>
  <p>Forum Selection. Any litigation based hereon or arising out of, under
  or in connection with this Agreement, may be brought and maintained
  <strong>non-exclusively</strong> in the courts of the State of New York or in the
  United States District Court for the District of New York.</p>
</blockquote>

<p>and</p>

<blockquote>
  <p>Forum Selection. The Parties consent to the <strong>exclusive</strong> jurisdiction of
  the State and Federal Courts located in the State and City of New
  York, for any dispute arising out of this Settlement Agreement.</p>
</blockquote>

<p>What's the difference between non-exclusive and exclusive in the context of which court a dispute would be brought to? </p>

<p>Exclusive jurisdiction purports to restrict disputes to the courts of the nominated jurisdiction only. Non-exclusive jurisdiction indicates the parties preference for the courts of the named jurisdiction but does not purport to limit it to that jurisdiction.</p>

<p>Ultimately, the decision of if a dispute can be heard by a given court is up to that court - not the parties to a contract. Courts will often respect non-exclusive jurisdiction clauses and  refuse to hear disputes that nominate another jurisdiction unless local law <em>requires</em> them to hear the dispute. Conversely, purported <em>exclusive</em> jurisdiction is <em>prima facie</em> a void provision because the parties have no power over the courts.</p>
