Spain - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
International arbitration in Spain continues to be governed by Law 60/2003, of December 23, on Arbitration, as last amended in 2011, to which no legislative amendment was made in 2014. However, some recent amendments to other regulations do affect arbitration.
Arbitration of IP Disputes
The Spanish Intellectual Property Commission is founded with the approval of Law 21/2014, of November 4, which amends the Revised Text of the Intellectual Property Law, approved by Legislative Royal Decree 1/1996, of April 12, effective as from January 1, 2015. This collegiate body will be under the Spanish Ministry of Education, Culture and Sport and will conduct and administer mediation and arbitration proceedings for disputes on collective management of copyrights and related claims of compensation for damages. Copyright management entities, consumers associations, broadcasting entities and any especially significantly affected consumers are entitled to apply for arbitration before the Intellectual Property Commission. After the filing of a request for arbitration, the parties will be banned from resorting to the ordinary courts to settle the dispute.
Arbitration of Telecommunications Disputes
Law 9/2014, of May 9, on Telecommunications, effective as from May 11, 2014, replaces former legislation in an attempt to stimulate investment in the area of broadband connections and to promote a stable regulatory environment. From an arbitration perspective, it enables consumers and end-users to resort to arbitration proceedings before Consumer Arbitration Boards to settle their disputes. Under this new regulation, telecommunications operators may also resort to arbitration before the National Markets and Competition Commission, governed by Law 13/2013, of June 4.