Article 4.46 Primacy of Agreement and Coordination

(a) Where jurisdiction over a civil or commercial dispute is unclear, the parties may agree on the competent forum or dispute resolution mechanism, subject to mandatory law, Part 5, and the Constitution of the Host Country.
(b) The ICT Court shall respect any such agreement where it was entered into freely and in good faith and does not contravene mandatory law, public policy, Part 5, or the Constitution of the Host Country.
(c) Where criminal jurisdiction or prosecutorial competence is unclear, the relevant prosecutorial or law enforcement authorities shall coordinate in accordance with applicable Host Country legislation, the ICT Establishment Law, the ICT Contractual Arrangements, Part 5, and any applicable criminal procedural framework.(1) Where jurisdiction over a civil or commercial dispute is unclear, the parties shall, in the first instance, be encouraged to reach an agreement as to the competent forum or dispute resolution mechanism.

(2) Any agreement reached as provided in Article 4.46(1) shall be respected and given effect by the IC Court, provided that such agreement:
(a) is entered into freely and in good faith;
(b) does not contravene the Constitution of the Host Country; and
(c) does not relate to matters reserved exclusively to specific courts by mandatory law.

(3) Where criminal jurisdiction or prosecutorial competence is unclear, the relevant prosecutorial authorities shall, in the first instance, seek to coordinate and agree on:
(a) which authority shall assume conduct of the investigation and prosecution; and
(b) before which court proceedings, if any, shall be brought.

(4) In determining prosecutorial allocation under Article 4.46(3), regard shall be had, inter alia, to:
(a) the location of the alleged conduct and evidence;
(b) the residence or nationality of the accused and victims;
(c) the interests of justice and effective prosecution; and
(d) the avoidance of parallel or successive prosecutions based on the same facts.

(5) Any prosecutorial agreement reached as provided in Article 4.46(3) shall be respected by the IC Court, subject to constitutional constraints.