Practical guide

How to draft a territorial jurisdiction agreement with AI

4 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

A territorial jurisdiction agreement allows parties to deviate from standard legal criteria to select a specific court. Under Art. 28 c.p.c., this is generally permitted except for matters involving mandatory jurisdiction (foro inderogabile). Using edit.legal, professionals can draft precise clauses that withstand challenges to jurisdiction (eccezioni di incompetenza).

In brief

To draft an effective territorial jurisdiction agreement under Art. 28 c.p.c., parties must ensure the agreement is in writing, pertains to specific legal matters (affari determinati), and explicitly states its exclusivity. This power is restricted in matters of mandatory jurisdiction (foro inderogabile), such as enforcement or labor disputes. edit.legal assists professionals in validating compliance with Art. 29 c.p.c. and managing the specific requirements for standard form contracts and unfair terms (clausole vessatorie) under the Italian Civil Code.

The steps

1.
Verification of the matter's derogability
The first step is to ensure that the dispute does not fall within the exceptions listed in Art. 28 c.p.c. Derogation of territorial jurisdiction is prohibited in cases of forced enforcement (esecuzione forzata), oppositions to enforcement (opposizione all'esecuzione), interim proceedings (procedimenti cautelari), chambers of council proceedings (procedimenti in camera di consiglio), and all cases where mandatory jurisdiction is expressly provided by law, such as labor or social security disputes. edit.legal helps pre-filter the nature of the case to avoid clauses that are void due to violation of mandatory rules.
2.
Compliance with the written form requirement
Art. 29 c.p.c. requires that the derogation agreement be evidenced in writing. This requirement is 'ad substantiam', meaning for the purpose of the act's validity, as confirmed by the prevailing orientation of the Court of Cassation (Corte di Cassazione, Cass. Civ. 11241/2011). In commercial practice, the clause is usually included in the main contract or in a separate document expressly referenced. edit.legal allows for the generation of contractual templates that correctly integrate the derogation clause, ensuring that the parties' intent is documented unequivocally and in accordance with statutory requirements.
3.
Determination of the agreement's subject matter
The agreement cannot be generic. It must refer to one or more specific legal matters (affari determinati). A clause claiming to derogate jurisdiction for any future dispute between the parties, without a link to a specific legal relationship, risks being declared invalid. It is necessary to precisely describe the contract or the obligatory relationship (rapporto obbligatorio) to which the derogation refers. Using edit.legal, you can automatically link the choice of forum to the subject of the main contract, correctly defining the scope of the derogation.
4.
Attributing the character of exclusivity
According to Art. 29, second paragraph, c.p.c., the agreement does not grant exclusive jurisdiction to the designated judge unless expressly stated. If the clause merely indicates a forum, it is added to those provided by law (competenza cumulativa). To exclude other courts, the clause must contain phrases like 'exclusive jurisdiction' (foro esclusivamente competente) or 'to the exclusion of any other court'. edit.legal suggests the optimal linguistic formulas to ensure that the choice of forum meets the party's actual strategic needs.
5.
Managing unfair terms and double signature
If the derogation agreement is included in general terms and conditions or forms prepared by only one party, it is considered an unfair term (clausola vessatoria) under Art. 1341, paragraph 2, of the Civil Code. In such cases, the clause is void unless specifically approved in writing by the counterparty through a double signature (doppia firma). edit.legal automatically flags the need to include a reference to the clause at the bottom of the contract, facilitating the preparation of the signature blocks required for the validity of the entire legal framework.

Legal basis: Art. 28 c.p.c.Art. 29 c.p.c.Art. 30 c.p.c.Art. 1341 c.c.Art. 1342 c.c.

Mistakes to avoid

Forgetting to specify the exclusivity of the forum, making the clause merely optional.
Omitting the double signature (doppia firma) for specific approval in the case of general terms and conditions.
Including the derogation in protected matters (e.g., labor, interim proceedings) where the forum is mandatory.
Using overly generic formulas that do not precisely identify the underlying legal relationship.

Frequently asked questions

Can a derogation agreement be concluded orally?

No, Art. 29 c.p.c. clearly states that the agreement must be evidenced in writing. The written form is required 'ad substantiam' for the validity of the pact: in its absence, the agreement is void and has no legal effect.

What happens if the clause does not specify that the forum is exclusive?

In the absence of an express statement on exclusivity, the forum chosen by the parties is added to the general legal forums (such as the defendant's residence or registered office). The plaintiff may then choose whether to sue the counterparty in the conventional forum (foro convenzionale) or in one of the forums provided by law.

Can jurisdiction be derogated in consumer contracts?

In contracts between a professional and a consumer, the jurisdiction of the consumer's place of residence or domicile is usually mandatory (inderogabile). A clause derogating this jurisdiction is presumed unfair (vessatoria) and void, unless proof of actual individual negotiation is provided, which is extremely burdensome to demonstrate.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 19 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Instant verification of compatibility between the subject matter and mandatory forums under Art. 28 c.p.c.
—Automatic generation of exclusivity clauses to avoid cumulative jurisdiction of legal forums.
—Preparation of the double signature block for the validity of unfair terms (clausole vessatorie) under Art. 1341 c.c.
—Storage and retrieval of standardized clauses for business contracts and general sales conditions.