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

  • Laura Álvarez Agoués Universidad del País Vasco. UPV/EHU
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
How to Cite
Álvarez Agoués, L. (2022). 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. CUADERNOS DE DERECHO TRANSNACIONAL, 14(1), 570-577. https://doi.org/10.20318/cdt.2022.6699
Section
Varia