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In the recent case of Sulamérica Cia Nacional de Seguros, S.A. and ors. v Enesa Engenharia, S.A. and ors. 2012 EWCA Civ 638, the English Court of Appeal has provided useful clarification regarding a tricky, but not uncommon, issue arising in relation to international contracts: namely, the interrelationship between the different systems of law governing different parts of a contract and its effect on the parties chosen method(s) for resolving disputes
In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive
In this decision, the Spanish Supreme Court studies the submission to arbitration of the appeal against corporate agreements, performing a comprehensive analysis of the existing doctrine regarding a heteronomous method for solving controversies together with the imperative regulation that governs appeals against the agreements adopted by the General Shareholders Meeting of a Limited Corporation
