عنوان مقاله [English]
نویسنده [English]چکیده [English]
Jurisdiction of any state court for adjudication is based on rules that were determined by legislative and judiciary authorities of that state. So far, traditional and historical grounds of these rules and direct connection between adjudication and sovereignty have barred for foundation of universal and international convention. Nevertheless necessity of respect to party autonomy and obligations of international trade have made possible more convergence among states about jurisdiction clause or submission.
But needfulness of fairness for protection of weaker party in contract's existence of formal and substantial requirements for validity of jurisdiction clause and some impediments for exercise of jurisdiction such as lis pendens and forum non conveniens were caused undesirable absolute and no conditional acceptation of dispute parties agreement.