Article 35

If the parties have agreed that the courts of the State of Eritrea shall have jurisdiction to settle any dispute which has arisen or may arise in connection with a particular legal relationship concerning monetary claims, the Eritrean courts shall have exclusive jurisdiction.

If the parties have agreed that a foreign court shall have jurisdiction to settle any dispute that has arisen or may arise in connection with a particular legal relationship concerning monetary claims, that court shall have exclusive jurisdiction.

A jurisdiction agreement shall be valid as to form if it was entered into or confirmed:

in writing;

by any other means of communication that renders information accessible so as to be usable for subsequent reference;

in accordance with a usage which is regularly observed by the parties; or

in accordance with a usage of which the parties were or ought to have been aware and which is regularly observed by parties to contracts of the same nature in the particular trade or commerce concerned.

In matters relating to contracts under this Chapter, an agreement conferring jurisdiction on a court shall have legal force only if it is entered into after the dispute has arisen.

An agreement as to jurisdiction shall be considered as a contract in itself, and a court may determine the validity of the agreement separately from the determination of any other issues.