Originally from World Arbitration And Mediation Review (WAMR)

Preview Page

I. INTRODUCTION
The Spanish Act 11/2011, of May 20, on the Reform of the
Arbitration Act, 60/2003, of December 23, establishes a new
regulation on company arbitration. The present article discusses
the legal development of company arbitration in Spain from the
Bilbao Ordinances of 1737 to the new 2011 Arbitration Act,
covering the 1829 and 1885 Commercial Codes, the 1830, 1855
and 1881 Procedure Acts, and the 1953, 1988 and 2003
Arbitration Acts.
II. HISTORICAL BACKGROUND
A. The Bilbao Ordinances
The arbitration of company-related matters is a traditional
subject of debate in Spanish legal history, as well as a matter of
recent interest. It is traditional in the sense that the debate dates
back to the times of Consulates of Traders. As an example,
suffices to mention here the wording of the Bilbao Ordinances
1737, of which Chapter X, part XVI(c) obliged individuals who
incorporated companies to agree in their deed of incorporation to
submit their disputes “to the judgment of two or more practical
people,” in order to avoid “lengthy and costly lawsuits capable of
ruining everyone.”1 The Bilbao Ordinances did not regulate