The Court held that a jurisdiction clause providing that parties 'submit to Spanish Law and the jurisdiction of the Courts of Dénia (Alicante), having waived their own jurisdiction' was an exclusive jurisdiction clause, notwithstanding the use of the language of 'submission' rather than 'reference' and the absence of the word 'exclusive'. The Court reasoned that because the parties agreed the same word 'submit' operated exclusively as to governing law (Spanish law), it would be contradictory to give it a different, merely permissive meaning as to jurisdiction in the same clause. The Court also held that the concluding words 'having waived their own jurisdiction' did not render the clause nonsensical, construing the waiver as applying only to the Buyer (Select) by reference to the opening sentence of the clause, which addressed only the Buyer.
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