Judicial Jurisdiction in International Contracts

abogado compraventa internacional








When thinking about a conflict in an international contract There are three important elements to consider: What is the competent court, what legislation should be applied and how it run Case. In this post we will see the first question.

To determine jurisdiction in case of conflict, we must consider three criteria:

  • It agreed by the parties.
  • Within the European Community Brussels I Regulation and the Lugano Convention.
  • In Spain, the provisions of Article 22 Organic Law of the Judiciary.

If the parties have agreed in the contract competent jurisdiction, applies this. It is important to set this detail in his contract that the competent court has a direct relationship to the cost of a claim. If the amount is not large and the costs are high, is likely to end up giving up their rights.

In the absence of such agreement, must meet the provisions of Regulation 44/2001 known as the Brussels I Regulation. If it contracts with companies in Switzerland, Norway and Iceland have to take into account the Lugano Convention. And in cases in which previous and other conventions ratified by Spain not apply, will be as provided in Article 22 the LOPJ.

Jurisdiction in the Brussels Regulation 1

Regulation, establishes the general jurisdiction defendant's domicile, regardless of the subject of the question.

What is the address of the defendant? The regulation refers to domestic law indicating if individuals. For legal persons, will be the place in which it has its registered office, central administration or principal place of business.

If the dispute is about property leasing, competition is of the courts of the member state in which the property person was. For seasonal leases, courts also have jurisdiction where the defendant.

Article 22 Organic Law of the Judiciary

If you do not apply the Brussels I Regulation and the Lugano Convention, and other conventions ratified by Spain, must be as provided in Article 22 the LOPJ: Main criteria is established as agreed by the parties and the general forum where the defendant. In the alternative, in respect of contractual obligations, when they were born or to be performed in Spain, Spanish courts have jurisdiction.

Different matter jurisdiction in international contracts is what law should be applied. But this issue will be the subject of another post.

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