SPAIN Trends and Developments Contributed by: Albert Prats Ribas and Jordi Mayol Orga, BUFETE A. PRATS
Interaction with Articles 468 and 469 of the SMNA Articles 468 and 469 of the SMNA are funda - mental in the regulation of maritime disputes. On the one hand, Article 468 declares any clause of submission to foreign jurisdictions or interna - tional arbitration that has not been individually and separately negotiated null and void. This restriction, designed to protect weaker parties in contracts of adhesion, ensures contractu - al balance. However, it may also limit conflict resolution options in complex situations where recourse to international fora could be beneficial. In this context, mediation emerges as a flexible and viable alternative. Not being subject to the restrictions imposed by Article 468, it allows par - ties to resolve their disputes collaboratively and outside the traditional jurisdictional framework. For example, in charterparty disputes, mediation could offer a neutral space where parties can explore creative solutions without being subject to the constraints of traditional clauses. On the other hand, Article 469 establishes the criteria for conferring jurisdiction in the absence of valid jurisdiction or arbitration clauses. This Article gives the claimant the option to choose between several jurisdictions, such as the defendant’s domicile, the place of conclusion of the contract or the place of performance of the service. Although this system is flexible, initiating court proceedings in any of these jurisdictions can be costly and time-consuming. Mediation complements this scheme by offering a non- adversarial preliminary stage of dispute resolu - tion, allowing parties to reach agreements before resorting to court, saving time and resources.
Interaction between the Hague-Visby Rules and the Spanish Maritime Navigation Act The Spanish Maritime Navigation Act incorpo - rates the essential principles of the Hague-Visby Rules into the Spanish legal system, adapting them to the national framework. These rules, applicable to contracts of carriage of goods by sea under bill of lading, establish limitations to liability, time bars and carrier exemptions, regu - lating the obligations between shippers and carriers. For example, Article 277 of the SMNA reflects these provisions by delimiting the car - rier’s liability and the time limits for claiming damages. Mediation, promoted by Organic Law No 1 of 2025, complements this regulatory framework by offering a flexible and collaborative alternative to resolve disputes arising in maritime transport. It does so in the following ways. • Suspension of procedural deadlines: the Hague-Visby Rules provide for a time bar of one year from delivery of the goods to claim damages. By suspending these deadlines while the parties negotiate, mediation pro - vides additional scope for exploring solutions, reducing the pressure of legal deadlines. • Flexibility versus rigid rules: while the Hague- Visby Rules impose clear limits of liability, mediation allows parties to negotiate tailor- made solutions, such as compensation arrangements or adjustments to future con - tracts, adapted to the specific circumstances of each case. • Resolution of frequent disputes: (a) damage or loss of goods: disputes over the value of damages or the application of liability limits can be resolved more quickly through mediation, avoiding pro - tracted litigation; (b) delays in delivery: although the Hague-
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