The jurisdiction of Spanish courts in maritime transport. Analysis of SAP Pontevedra n.º 40/2023 of 26 January 2023

Abstract

International shipping has experienced major and very significant developments, driven largely by new technologies. These developments have improved safety and transformed the maritime industry. However, despite these advances, this does not prevent international disputes from occurring. This is when, in these situations, legal operators must be knowledgeable about private international law, because a good international legal operator will try to prevent his client from losing money in legal proceedings. In this respect, the analysis of this judgment will not only serve to analyze certain aspects related to maritime transport, but also to answer the following question: what would motivate a legal representative of an insurer to bring a claim before a national court that does not have territorial jurisdiction?