s 3 Meaning of “exclusive choice of court agreement”
3.—(1) An exclusive choice of court agreement is an agreement between 2 or more parties that —(a) is concluded or documented —(i) in writing; or (ii) by any other means of communication that renders the information communicated accessible so as to be usable for subsequent reference; and (b) designates, for the purpose of deciding any dispute that arises or may arise in connection with a particular legal relationship, the courts, or one or more specific courts, of one Contracting State to the exclusion of the jurisdiction of any other court. (2) A choice of court agreement between 2 or more parties that satisfies the following requirements is deemed to be an exclusive choice of court agreement, unless the parties to the agreement expressly provide otherwise:(a) the agreement is concluded or documented —(i) in writing; or (ii) by any other means of communication that renders the information communicated accessible so as to be usable for subsequent reference; (b) the agreement designates, for the purpose of deciding any dispute that arises or may arise in connection with a particular legal relationship, the courts, or one or more specific courts, of one Contracting State.