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Approaches to Jurisdiction Clauses in Anglophone African Common Law Countries: Principle and Policy

Approaches to Jurisdiction Clauses in Anglophone African Common Law Countries: Principle and Policy When parties based in different countries enter into a contract, they may be well advised to include therein a jurisdiction clause, agreeing that the courts of a particular place will have (exclusive) jurisdiction to determine disputes arising out of that contract. This article analyses the various approaches which courts in Anglophone African common law countries adopt when asked to enforce exclusive jurisdiction clauses. By scrutinising these various approaches, this article hopes to develop further the legal policy informing courts' decisions whether to enforce exclusive jurisdiction clauses in the places under study. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Approaches to Jurisdiction Clauses in Anglophone African Common Law Countries: Principle and Policy

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Publisher
Edinburgh University Press
Copyright
Copyright © American Meteorological Society
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2019.0280
Publisher site
See Article on Publisher Site

Abstract

When parties based in different countries enter into a contract, they may be well advised to include therein a jurisdiction clause, agreeing that the courts of a particular place will have (exclusive) jurisdiction to determine disputes arising out of that contract. This article analyses the various approaches which courts in Anglophone African common law countries adopt when asked to enforce exclusive jurisdiction clauses. By scrutinising these various approaches, this article hopes to develop further the legal policy informing courts' decisions whether to enforce exclusive jurisdiction clauses in the places under study.

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Aug 1, 2019

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