The scope of the principle of party autonomy in determining the international jurisdiction of the courts

Determining the jurisdiction of courts is one of the key issues in the conflict of courts in the field of international private law. It is determined by the examination that the rules governing the jurisdiction of courts derive from the rules of local jurisdiction in the domestic law of the countries. In Iran's legal system, in which the courts dispute a rule of law, the Iranian courts use Iranian jurisdiction to determine the international jurisdiction of the courts and apply the rules of local jurisdiction in this regard. The research shows that these local jurisdiction rules are aimed at facilitating the investigation and mainly for the sake of protecting the interests of individuals. However, in the international arena, due to the principle of party autonomy, as well as the maintenance of public order, the rules governing the determination of jurisdiction are not considered arbitrary. That is why, the agreement of individuals in determining the international jurisdiction of the courts is not admissible, and the principle is based on the invalidity of such an agreement. However, referring to the procedure of important countries such as France and Germany, it is observed that a limited identification of the credibility of the agreement between individuals is anticipated. In the legal system of Iran, it can be validated in some limited cases that do not violate the rights of individuals and which do not contradict the public order and the principle of party autonomy of the country, the agreement of individuals in determining the international jurisdiction of the courts.