Jurisprudencial examination on the legal and procedural regime of jurisdiction clauses inserted in bills of lading: current situation and foreseeable future

Abstract

The aim of this paper is to carry out a jurisprudential examination on the procedural Regulations applicable within the European Union to jurisdiction clauses inserted in Bills of Lading. Accordingly, art. 25 Regulation 1215/2012 and art. 468 LENMAR are studied, tackling the procedural problems that both articles raise. On another note, a scrutiny of the jurisprudence and doctrine previous to the LENMAR is carried out, so that the real enforceability of the above-mentioned art. 468 is pro­jected into the future. This inquiry is completed by an introductory explanation about the international carriage of goods by sea, so as to contextualize the subject of this paper.