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| Abstract | ||||||||||||||||||
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| A Spanish seller and an English buyer concluded a contract for the sale of textiles. The seller commenced action before a Spanish Court against the buyer, for payment of price.
The buyer appeared before the Spanish Court alleging that the case was to be heard by a British Court, and the Spanish Court's lack of jurisdiction, because of a forum selection clause who allegedly was printed on the buyer's order forms. The Court observed that no proof was given about the alleged forum selection clause on the buyer's order form, then proceeded to determine the Spanish private international law rules in order to determine the appropriate forum for the case. The Court applied Art. 5(1) of the EC Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (Brussels 1968), to which both Spain and UK are parties, pursuant to which the buyer, domiciled in a contracting State, may be sued in the Court for the place of performance of the obligation in question (payment of price). The Court applied Spanish private international law rules and held that Spanish law, and as such CISG, as the law of a contracting State (Art. 1(1)(b)), was the applicable law to determine the place of payment of price. In accordance with Art. 57(1)(b) CISG the Court held that the price must be paid at the place of business of the seller (Spain). The Court therefore affirmed its jurisdiction. |