Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters (international maritime transport)
The matter of the dispute is the validity of an. agreement on jurisdiction to British courts included in a bill of lading.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The express submission clause included in the bill of lading is valid and respects commerce uses. The plaintiff was aware of the agreement on jurisdiction.
The court cites CJEU´s case law on the validity of clauses of submission.
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 núm. 12 de Madrid. (Spain) (First instance)
Date: 03-09-2010