Tucked away in most contracts, you will find a "jurisdiction" or "governing law" clause that sets out which tribunal has the power to determine proceedings brought in relation to the contract. The clause will probably also give the geographical location of the tribunal. Jurisdiction is sometimes said to be "exclusive", meaning proceedings can only be brought in one tribunal or "non-exclusive", where several tribunals may have jurisdiction. The most common tribunal is where proceedings are determined by litigation through the courts, although other options include arbitration under the Arbitration Act or adjudication under the Construction Act. JCT contracts now allow the parties to select litigation or arbitration (for years it used to be arbitration, but was often amended to litigation by the parties).
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