LOS CONTRATOS DE ADHESIÓN Y LOS LÍMITES DE LA AUTONOMÍA DE LA VOLUNTAD EN CLÁUSULAS JURISDICCIONALES DE LOS CONOCIMIENTOS DE EMBARQUE

Abstract

This article examines the limits of the autonomy of will in the jurisdictional clauses contained in bills of lading when these constitute predetermined conditions of adhesion contracts. These clauses, normally stipulated by the carrier, already predetermine the competent judicial or arbitral forum to resolve any dispute arising from the international maritime transport contract. While their use responds to demands for efficiency, homogenization, and legal certainty, it also generates some tensions with the right of access to justice and with the protection of the adhering party. The research is qualitative, based on doctrinal, normative, and jurisprudential analysis, and makes use of comparative law between the French, German, and English systems, and the main international instruments: the Hague-Visby Rules and the Hamburg Rules. The study also employs the practical perspective of the maritime sector, based on the professional experience of maritime actors, to compare theory with the practice of international maritime trade. In conclusion, advanced jurisdiction clauses, while providing predictability and specialization in dispute resolution, must be complemented by mechanisms that guarantee contractual balance and real access to justice for the vulnerable party in the legal relationship.