DENMARK Law and Practice Contributed by: Johannes Grove Nielsen, Camilla Søgaard Hudson, Lars Rosenberg Overby and Malthe Hersom Kløft, Bech-Bruun
Regulation takes precedence. As a result, the place of jurisdiction provided in Section 310 (1) will no longer apply. Subsequent to Brexit, the jurisdiction of a dispute concerning carriage of goods by sea between a party domiciled in Denmark and one domiciled in the UK will be regulated solely by the Danish Merchant Shipping Act if proceedings are initiated in Denmark. The effects are (inter alia) that, due to Brexit, a plaintiff may choose to initiate proceedings in one of the juris - dictions provided by the Danish Merchant Shipping Act, irrespective of an exclusive jurisdiction clause.
This means that, within the field of maritime litiga - tion, and especially with regard to disputes arising out of the carriage of goods by sea to or from Den - mark, Brexit has increased the number of places in which proceedings may be initiated, irrespective of an exclusive jurisdiction clause agreed upon between the parties. When taking into consideration that one of the world’s largest carriers is in fact Danish, this may actually entail changes in the current statistics and the UK’s dominant market position concerning the provi - sion of maritime services globally.
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