contract-law international jurisdiction
Jurisdiction for international contracts where it is unspecified in a contract clause
<p>Assuming a contract doesn't have a clause specifying jurisdiction how is jurisdiction decided. I am talking about international contracts and which country's laws would govern the contract.</p>

<p>So to rephrase the question: A (from USA) and B (from UK) enter into a contract without explicitly specifying in it the applicable country for jurisdiction.</p>

<p>A year later B wants to file suit against A. Can he do it in USA or UK as per his will? Can he do it in some third country also?</p>

<h2>The jurisdiction the parties agree</h2>

<p>Or, if they don’t agree, the jurisdictions the court or tribunal, after hearing argument, decides.</p>

<p>Note, that some laws will apply notwithstanding the parties’ wishes e.g. Consumer Protection, Privacy, etc.</p>

<blockquote>
  <p>A year later B wants to file suit against A. Can he do it in USA or UK as per his will? Can he do it in some third country also?</p>
</blockquote>

<p>Yes and yes.</p>

<p>Where a case is heard and what law applies are two seperate issues. A UK court can hear a case for a contract where US law applies and vice-versa.</p>

<p>Parties will argue over venue <em>and</em> over applicable law. A UK court may or may not decide it has jurisdiction even if US law applies to the contract, perhaps because UK consumer protection law also applies.</p>
