Validez y oponibilidad de la cláusula contractual de prórroga de competencia suscrita entre dos sociedades ante la reclamación a los representantes: acción de responsabilidad por violación del acuerdo de elección de foro

The rule by which jurisdiction agreements bind only the contracting parties has been confirmed by the Sentence of the ECJ delivered on the 28 of June 2017, concerning the civil liability arising from the breach of a jurisdiction agreement hosted in a charter agreement. In this case the claimant claimed damages both against the company, which had undersigned the prorogation of jurisdiction clause in favour of English judges, and against its representatives. Jurisdiction may not be taken as concerns the relationship governed by the choice of forum, hereas it may be taken with reference to the representative who, as not being part to the prorogation agreement, may not benefit from such agreement to challenge the general forum of the defendant.