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- A jurisdiction agreement determines which court has jurisdiction for disputes arising from the contract.
- The legal basis results from § 38 ZPO and international regulations.
- Types of jurisdiction agreements: excluded, optional, and asymmetric.
- The advantages are legal certainty, specialization and cost control.
- In the IT and media industry, these agreements are particularly relevant due to international business.
- Consumer protection and data protection must be taken into account when drafting clauses.
- The clause should be formulated clearly and unambiguously in order to avoid disputes.
A jurisdiction agreement is a contractual clause in which the parties specify which court is to have jurisdiction to decide on disputes arising from the contract. It serves to provide clarity in advance about the place of legal action and to better assess the risks and costs associated with court proceedings.
A jurisdiction agreement is a contractual clause in which the parties specify which court is to have jurisdiction to decide on disputes arising from the contract. It serves to provide clarity in advance about the place of legal action and to better assess the risks and costs associated with court proceedings. Jurisdiction agreements are common in many areas of commercial law, but are particularly important in the IT and media industry due to the frequently cross-border business relationships.
Legal basis:
1. admissibility: The possibility of concluding jurisdiction agreements arises from Section 38 ZPO. The provisions of the Brussels Ia Regulation and the Lugano Convention apply to international matters.
2. formal requirements: Agreements on jurisdiction must always be concluded in writing or in another form that satisfies the written form requirement (Section 38 (2) ZPO).
3. restrictions: In certain cases, in particular in consumer and employment matters, agreements on jurisdiction are only permitted to a limited extent (Sections 38 (3), 40 ZPO).
Types of jurisdiction agreements:
1. exclusive jurisdiction agreement: the parties agree that one court has exclusive jurisdiction. Other courts then no longer have jurisdiction.
2. optional agreement on jurisdiction: the parties agree on an additional competent court without excluding the jurisdiction of other courts.
3. asymmetrical jurisdiction clause: one party (usually the stronger contracting party) has the choice between several places of jurisdiction, while the other party is limited to one place of jurisdiction.
Advantages and disadvantages:
1. legal certainty: Jurisdiction agreements create clarity about the place of legal action and thus facilitate risk assessment.
2. specialization: The parties can choose a court that is particularly familiar with the subject matter (e.g. special chambers for IT law).
3. cost control: by choosing a nearby court, travel and legal costs can be reduced.
4. language barriers: In the case of international contracts, the choice of a court in a particular country may involve language problems.
5. enforceability: it can be difficult to enforce a judgment if the agreed court is in another country.
Special features in the IT and media industry:
1. international matters: Due to the global nature of many IT and media transactions, jurisdiction agreements are particularly relevant here.
2. specialized courts: Some courts have set up special chambers for IT law or intellectual property law that offer special expertise.
3. arbitration proceedings: Arbitration tribunals are often agreed in the industry as an alternative to state courts.
4 Consumer protection: In the case of contracts with consumers, jurisdiction agreements are only permissible under strict conditions.
5 Data protection: In the event of disputes concerning the processing of personal data, agreements on jurisdiction may be restricted by Art. 79 GDPR.
Design recommendations:
1. clarity: the clause should be clearly worded and leave no room for interpretation.
2. appropriateness: The agreed place of jurisdiction should have an appropriate relationship to the contract and the parties.
3. observe consumer protection: In the case of contracts with consumers, the narrow limits for jurisdiction agreements must be observed.
4 Relationship to other clauses: The interaction with choice of law and arbitration clauses should be considered.
5. check enforceability: The possibility of enforcing a judgment in the agreed place of jurisdiction should be checked.
Conclusion:
Jurisdiction agreements are an important instrument for drafting contracts in the IT and media industry. They can create legal certainty, but also harbor risks, particularly in international situations. The decision for or against a jurisdiction clause and the specific drafting of the clause require careful consideration of the advantages and disadvantages, taking into account the specific circumstances of the contract and the parties. In any case, the clause should be formulated clearly and unambiguously in order to avoid subsequent disputes over jurisdiction.
