Cuatrecasas advises Diamond Resorts on procedural strategy to validate forum selection clauses in its timeshare contracts
Don’t miss our content
SubscribeCuatrecasas has advised Diamond Resorts on obtaining a recent plenary judgment from the Civil Chamber of the Spanish Supreme Court, which confirms the position defended by the firm's Cassation and Other Special Appeals Group before the Court of Justice of the European Union, first, and subsequently before the Supreme Court, in relation to the interpretation of the Brussels I bis Regulation.
The judgment validates the forum selection clauses that submit the resolution of consumer disputes to the courts of their domicile. The judgment also provides decisive support to the Diamond Resorts’ strategy of directing litigation arising from these contracts to the English courts when the clause provides for non-exclusive jurisdiction and when the case has no particularly close connection with Spain, thus strengthening legal certainty in the interpretation.
Contrary positions, previously upheld by the Provincial Courts, especially in Málaga and Tenerife, had systematically led to the invalidation of forum selection clauses provided in timeshare contracts and the jurisdiction of the Spanish courts.
The Cuatrecasas advisory team handling this case was made up of Juan Antonio Xiol and Álvaro Luna (Cassation and Other Special Appeals), and Markus Gómez (Construction and Real Estate Litigation).
Don’t miss our content
Subscribe