Forumkeuzebeding

A forum selection clause, also known as a choice of forum, is a provision in an agreement by which the parties determine in advance which court shall have jurisdiction to hear any disputes arising between them. This clause avoids disputes over the competent court and enables the parties to select a neutral or specialist tribunal.

In international contracts, a forum selection clause is of considerable importance in order to eliminate legal uncertainty and to control the costs of proceedings. Without such a clause, the competent court may be determined by complex rules of private international law, which can give rise to delays and increased costs.

In practice, a forum selection clause is frequently included in general terms and conditions or commercial contracts. It must be drafted in clear and unambiguous terms to be valid, and in certain cases, such as consumer agreements, additional protective rules apply.