Negative conflict of territorial jurisdiction regarding the execution of a foreign judicial resolution from a US court

accurate selection of the applicable normative block: for the purpose of order no. 260/2020 of the Supreme Court

Authors

  • Laura Álvarez Agoués , , Universidad del País Vasco. UPV/EHU , , ,

DOI:

https://doi.org/10.20318/cdt.2022.6699

Keywords:

exequatur, negative conflict of competence, applicable law

Abstract

The Order of the Supreme Court correctly resolves the negative conflict of jurisdiction raised between a court in Bilbao and another in Santoña, in relation to the request for exequatur of a judicial decision issued originally by a US court. The legal basis of the Supreme Court Order is correct when selecting the internal regulatory block (Law 20/2015, of July 30, on International Legal Cooperation in Civil Matters) as the legal channel through which to resolve such request, when proceeding the judicial decision of the courts of a third State (in this case, the US) that is not a member of the EU, nor with which there is a multilateral or bilateral agreement applicable to the case.

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Published

2022-03-04

Issue

Section

Varia

How to Cite

Negative conflict of territorial jurisdiction regarding the execution of a foreign judicial resolution from a US court: accurate selection of the applicable normative block: for the purpose of order no. 260/2020 of the Supreme Court. (2022). CUADERNOS DE DERECHO TRANSNACIONAL, 14(1), 570-577. https://doi.org/10.20318/cdt.2022.6699