PIL instrument(s)
Rome I
Case number and/or case name
Eurocondal. Roj: ATSJ CAT 103/2012 - ECLI:ES:TSJCAT:2012:103A Id Cendoj: 08019310012012200062
Details of the court
Spain, Second Instance
Articles referred to by the court
Rome I
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 2 SubParagraph h
Paragraph 2 SubParagraph i
Paragraph 2 SubParagraph j
Paragraph 3
Paragraph 4
Date of the judgement
29 March 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the following case is a dispute on the recognition of an arbitral decision in Spain on the basis of Rome I Regulation provisions. A Spanish shipping company appeals against an international arbitral decision on maritime commerce. The plaintiff claims that according to Rome I Regulation provisions, the parties did not provide a valid writen consent to resolve their differences by means of an international arbitration process. Court decision: the court rejects the claims of the plaintiff and agrees to grant the recognition of the international arbitral decision in Spain. The court only makes a generic reference to Rome I Regulation provisions concerning the validity of the consent given by the parties (the court does not cite any particular article of Regulation (EC) No 593/2008).

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