Jurisdiction clause in support of arbitration
Where the parties have agreed to submit disputes under the contract to arbitration, the choice they have made is for their disputes to be heard by an arbitral tribunal, not a court. However, even when using an arbitration clause, it may be advisable to include a jurisdiction clause expressed to be in support of the arbitration clause as:
- it may assist in persuading the local court to take jurisdiction if you have to turn to the court to support the arbitration, for example to obtain an interlocutory injunction or to summon witnesses,
- it may assist in enforcing such an order of the local court in other countries, as may be the case with an injunction, and
- it limits any danger that, when you seek to enforce the arbitration award in the country where your opponent is domiciled, a hostile court will refuse enforcement on the grounds that the local supervisory court interfered in the arbitration.
If you are going to have such a clause make sure (as in the example below) that you make it clear that it is only in support of the arbitration clause, so as not to set up a conflict between the two that would be difficult (and expensive) to reconcile. Additionally, choose the non-exclusive jurisdiction of the court of the seat of arbitration, then you are not limited to that court if, for example, a court other than that of the seat needs to be approached for assistance.
"All the parties irrevocably submit to the non-exclusive jurisdiction of the courts of [the arbitration seat] to support and assist the arbitration process pursuant to [the arbitration clause], including if necessary the grant of interlocutory relief pending the outcome of that process."