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Assuming a contract doesn't have a clause specifying jurisdiction how is jurisdiction decided. I am talking about international contracts and which country's laws would govern the contract.
So to rephrase the question: A (from USA) and B (from UK) enter into a contract without explicitly specifying in it the applicable country for jurisdiction.
A year later B wants to file suit against A. Can he do it in USA or UK as per his will? Can he do it in some third country also?
Or, if they don’t agree, the jurisdictions the court or tribunal, after hearing argument, decides.
Note, that some laws will apply notwithstanding the parties’ wishes e.g. Consumer Protection, Privacy, etc.
A year later B wants to file suit against A. Can he do it in USA or UK as per his will? Can he do it in some third country also?
Yes and yes.
Where a case is heard and what law applies are two seperate issues. A UK court can hear a case for a contract where US law applies and vice-versa.
Parties will argue over venue and over applicable law. A UK court may or may not decide it has jurisdiction even if US law applies to the contract, perhaps because UK consumer protection law also applies.
