Article 21

What it means when you sign

This article extends the courts' jurisdiction beyond the main case. The courts have jurisdiction to decide preliminary matters and interlocutory applications that arise in a main case within their jurisdiction. They also decide any motion or application connected to that case where the proper administration of justice requires it to be heard together with the main case.

The article also gives the courts power to order summary and precautionary measures to be enforced in the State, even if the courts have no jurisdiction over the main case.

When you are about to sign a contract, this article means a dispute heard in a court of the State can bring with it related side issues, and a court of the State may order urgent or protective measures, such as measures to preserve a position pending the outcome, even if the main case is to be decided somewhere else. A clause that sends the main dispute to a foreign court or to arbitration may not stop the State's courts from ordering such measures here. A clause that deals with urgent or interim relief may therefore be read together with this article.