Derogatio fori, commercial companies and plurality of defendants

Abstract

The Order of the Provincial Court of Barcelona, section 1, of December 13, 2017 object of comment estimates the limit of Spanish jurisdiction by express submission in favor of the courts of another State in a supply contract concluded between two merchants. The Provincial Court of Barcelona appreciates the derogatio fori based on article 22 ter fourth paragraph of the LOPJ, in spite of also de-manding a company domiciled in Spain that is not a signatory of the contract.