Validation of International Commercial Agreement on Choice of Court in Global Instruments

Choosing a method of resolving disputes and how to implement it is one of the challenges for Businesses in advancing international Commercial Contracts. Because, usually, the international nature of a contract creates parallel proceeding, the occurrence of the phenomenon of conflict of jurisdictions, and ultimately, the issuance of conflicting judgments and the difficulty of enforcing foreign judgments. The arbitration agreement has alleviated some of these concerns; that method also has, however, its drawbacks. One of the solutions for traders to prevent this situation is to specify the choice of court clause in the contract. However, is such a term legally valid at the global level? If so, in which international source or sources are the objective examples given? What conditions do these sources consider for such an agreement to be reached? As The competence of the chosen court and the enforcement of its judgment depend on the validity of such an agreement. The fact is that following the prevalence of this clause in International Commercial Contracts, the legal society has also decided to codify this custom in the form of international conventions. However, these sources are numerous and scattered and therefore, sometimes, remain unknown. Also, the multiplicity of resources, in itself, will lead to conflict among them. Accordingly, in the present article, after explaining the basics of the jurisdiction agreement, the accurate introduction and evaluation of the international sources overseeing it, and, finally, the solutions to resolve the conflict among these sources are mentioned. This research is based on library sources and the descriptive-analytical method.