The Agreement about the Jurisdiction of the Court between the Entrepreneurs

According to the Civil Procedure Code the entrepreneurs who are in a legal relationship arising from their business activities may agree in writing to the local jurisdiction of another court of first instance, i.e. they may conclude a jurisdictional agreement. The exception is the situation when the law provides for exclusive jurisdiction.

The Supreme Court of the Czech Republic has recently dealt with a question if the entrepreneurs who are in a relationship arising from their business activity may conclude a jurisdictional agreement also by a reference to terms and conditions. These terms and conditions were published on a website stated in the written contract concluded between the parties.

According to the opinion of the Supreme Court it is possible to conclude the jurisdictional agreement also as described above. Nevertheless the terms and conditions have to be known to the parties or they have to be attached to the proposal. It is up to the petitioner who references to the jurisdictional agreement to prove the content of the terms and conditions that are place on the website by the time of the conclusion of the contract.