Spain - Baker & McKenzie International Arbitration Yearbook: 2012-2013
José María Alonso is a Partner and Head of the Litigation & Arbitration Department in Baker & McKenzie’s Madrid office. He is a member of the Steering Committees of the Global Arbitration Practice Group and the International European Disputes Practice Group.
Alfonso Gómez-Acebo FCIArb is a Partner in Baker & McKenzie’s Madrid office. He practises in the area of international arbitration.
José Ramón Casado is a Partner in Baker & McKenzie’s Madrid office. He practises in the areas of corporate, commercial and civil litigation and arbitration.
Víctor Mercedes is a Partner in Baker & McKenzie’s Barcelona office and Co-Head of the Litigation & Arbitration Department. His practice includes domestic and international litigation and arbitration, especially in regulated sectors and in connection with insolvency.
Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013
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A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Arbitration Regulations for Tourist Agreements
Law 4/2012 of 6 July regulates the marketing, sale, resale and use of time-share agreements for tourist purposes and the socalled acquisition agreements for long-term vacation products and those for the resale and exchange thereof. The new law not only regulates basic substantive aspects such as pre-contractual advertising and information, the right to withdrawal, prohibition of advance payments, and the form and contents of the agreements, but also expressly states that the parties can submit their disputes to consumer arbitration or to other systems for non-judicial dispute settlement included in the European Commission’s list of alternative dispute settlement systems.
A. Legislation, Trends and Tendencies
A.1 Arbitration Regulations for Tourist Agreements
A.2 Mediation in Civil and Commercial Matters
A.3 Arbitration in the Electrical Power Production Market in Spain: Decision of 23 July 2012 Adopted by the Secretary of State for Energy
A.4 Arbitration Related to Royalties for Private Copies in Intellectual Property Law
B. Cases
B.1 Review of Arbitrator’s Competence
B.2 Judicial Designation of Arbitrators
B.3 Annulment of Awards
B.4 Form of the Arbitration Clause
B.5 Failure to Serve Notice or Improper Notice of the Designation of the Arbitrator or the Arbitral Proceedings
B.6 Scope of the Arbitration Clause
B.7 Matters Not Open to Arbitration
B.8 Public Policy
B.9 Lack of Independence and Impartiality of the Arbitral Institution
B.10 Lack of Reasoning of the Award
B.11 Breach of a Party’s Right of Defense
B.12 Action to Set Aside an Award Brought after Expiry of the Limitation Period
B.13 Effects of the Declaration of Nullity of an Award
B.14 Electronic Records and Service
B.15 Award for Less Than Was Petitioned For
B.16 Adoption of an Arbitration Clause by Joint Owners
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures