Balancing Contractual Autonomy and Judicial Discretion: A Critical Analysis of Exclusive Jurisdiction Clauses

I. Introduction When drafting dispute resolution provisions in commercial agreements, contracting parties must evaluate the most effective and economical forums for adjudicating potential disputes. A key consideration is the extent of autonomy parties may exercise in designating an appropriate judicial forum. To mitigate procedural inefficiencies of litigation in suboptimal jurisdictions, parties often stipulate mutual consent […]