Role of Connection in the Choice of a Court’s Agreement Validity

Nowadays, the party autonomy principle is respected in the international private law both in national laws and related international conventions. The authenticity and validity of jurisdiction’s agreements or choice of a court’s agreements in many legal systems are one of the party autonomy principle’s results. Although there is no doubt that the jurisdiction’s agreement must consider general requirements for making the contract, there is an important challenge to a connection between the chosen court and the dispute. In other words, there is an important question: is the connection between the chosen court and the dispute necessary to validate the jurisdiction’s agreement or choice of court’s agreement? This essay with descriptive-analytical and comparative methods and considering the national laws and related international instruments declares that it is not necessary to show the connection between the chosen court and the dispute. This approach has been accepted universally and also has been followed by Iranian lawmakers.