Analysis of the AAP Valencia nº 276/2019 of 11 October: international jurisdiction clause included in the bill of lading regime: subrogation of one of the parties

  • Yeray Romero Matute Universidad San Jorge de Zaragoza
Keywords: bill of lading, passive legitimation, submission clause, international declinatory

Abstract

In this article, following the Spanish Order nº 276/2019 of 11 October 2019, it will be analyzed the reasons that brought a Spanish company to bring a lawsuit against another Spanish company and its own insurer –for a supposed failure to carry out a transport contract based on a bill of lading– in the Spanish Courts, using the general forum of the domicile of the defendant according to article 4 of Regulation (EU) nº 1215/2012. The defendant, requested an international declinatory in response to such a claim. However –as can be seen in this case–, it was the plaintiff who attempted to avoid a clause of express submission to the London courts contained in that agreement.

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Published
2020-10-08
How to Cite
Romero Matute, Y. (2020). Analysis of the AAP Valencia nº 276/2019 of 11 October: international jurisdiction clause included in the bill of lading regime: subrogation of one of the parties. CUADERNOS DE DERECHO TRANSNACIONAL, 12(2), 1146-1154. https://doi.org/10.20318/cdt.2020.5663
Section
Varia