Conflict of jurisdiction based on the application of Brussels I Regulation provisions
Key facts: Commercial matters case om international maritime transportation.
The matter of the case is a dispute between two commercial companies in Spain on the validity of a an express submission clause to the jurisdiction of British courts included in a bill of lading.
Court decision: Spanish courts are not competent to decide on the case in as much as the clause of sumbission to Britsh court is considered as valid by according to arts. 23 and 22.1 of Brussels I Regulation.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition of the validity of express clauses of submission.
Appeal history (not available in the database):
Court decision: Juzgado de lo Mercantil nº 10 de Madrid (Spain) (First instance)
Date: 20-07-2009