Agreement Reached in Course of Pleading
(1,295 words)

paragraph 186 in volume 2, chapter 11, Treaties and Conventions in Force

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The third general proposition relating to the principle of forum prorogatum which emerges from the decisions of the two Courts is that jurisdiction may be conferred by the tacit consent of the parties, deduced from their conduct in pleading to the merits of a claim (including a counter-claim) without raising the question of jurisdiction.1 Tacit consent is thus clearly distinguishable from informal consent, a fact which may be of importance, as will be examined later Like…

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Malcolm N. Shaw, “Agreement Reached in Course of Pleading”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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