Europa Since article 17 of the Convention of 27 september 1968 embodies the principle of the parties ‘autonomy to determine the court or courts with jurisdiction, the third paragraph of that provision must be interpreted in such a way as to respect the parties’ common intention when the contract was concluded. Therefore, if an agreement conferring jurisdiction is to be regarded as having been ‘concluded for the benefit of only one of the parties’, the common intention to confer an advantage on one of the parties must be clear from the terms of the jurisdiction clause or from all the evidence to be found therein or from the circumstances in which the contract was concluded. It follows that an agreement conferring jurisdiction is not to be regarded as falling within the third paragraph of article 17 of the convention where all that is established is that the parties have agreed that a court or the courts of the contracting state in which that party is domiciled are to have jurisdiction.
Citations:
C-22/85
European
Updated: 11 April 2022; Ref: scu.134032