CHAPTER 35 - Spain - Interim Measures in International Arbitration

Author(s):

Bernardo M. Cremades

Page Count:

10 pages

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Published:

May, 2014

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RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

Yes

(b) If so, please describe the nature of any such provisional

relief that is available.

The functions of the Courts of Justice with regard to arbitration are

set forth in article 8 of the Arbitration Law: appointment of arbitrators,

judicial assistance in the taking of evidence, adoption of interim

measures, enforcement of the award and exequatur of foreign awards.

2. What are the conditions that must be satisfied by an applicant

for a court to grant provisional remedies in relation to

arbitration?

The same conditions that must be satisfied to grant precautionary

measures in any other legal procedure not related to arbitration:

periculum in mora, fumus boni iuris and provision of a security.

3. (a) If provisional relief in connection with arbitration is

available from a court, may such orders of provisional relief

be in connection with arbitration taking place only in your

country (domestic), or outside the country (foreign) as well?

Provisional relief is available both in domestic arbitration based in

Spain as well as arbitration based abroad provided that the requested

measure has effect in Spain.