Spain - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Victor Mercedes

José Ramon Casado

Page Count:

18 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Spain

Practice Areas:

Right to Decide ex aequo et bono,

Public Policy Favoring Arbitration,

Time Limit for Rendering Award

Author Detail:

José Ramón is a Partner is Baker & McKenzie’s Madrid office. He has extensive experience in civil and commercial litigation and arbitration. He is mainly involved in unfair competition proceedings, intellectual property, corporate law, contracting, software, construction law and arbitration.

Víctor Mercedes is a Partner in Baker McKenzie’s Barcelona office and Co-Head of its Litigation Department. His experience includes domestic and international litigation and arbitration, insolvency and administrative law and white-collar criminal defense.

PDF79.17 KB

$40.00

Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

Preview Page

SPAIN
José Ramón Casado and Víctor Mercedes

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Amendment of the Spanish Arbitration Act

The Spanish Arbitration Act3 (the “Arbitration Act”) was recently amended.4 The Arbitration Act was an important step in the regulation of arbitration, and established a new framework for domestic and international arbitration based on the UNCITRAL Model Law.5 However, the Spanish legislature considered that given the current move towards modernization of the administration of justice, certain aspects of the Arbitration Act had to be amended in order to contribute to the promotion of alternative means of dispute resolution, especially arbitration. The amendment entered into force on 4 June 2011. This section provides a summary of those amendments that are likely to have the greatest impact on the practice of commercial arbitration or to be most controversial.

Table of Contents:

SPAIN
José Ramón Casado and Víctor Mercedes

A. Legislation, Trends and Tendencies
A.1 Amendment of the Spanish Arbitration Act
A.2 Procedural Aspects of the Amendment
A.3 Arbitration in Equity
A.4 Suitability of Arbitrators and Their Liability
A.5 Challenging of Corporate Resolutions
A.6 Arbitration of Disputes between Public Administrations and Other Public Bodies
A.7 Insolvency Aspects of the Reform
B. Cases
B.1 Invalidity of an Arbitration Provision where Dispute Resolution Clauses are Contradictory
B.2 Annulment of an Award Rendered in an Arbitration Commenced after an Insolvency Filing
B.3 Denial of Enforcement of an English Judgment on an Award
B.4 Special Matters Subject to Arbitration
B.5 Arbitration Clauses in Swap Agreements
B.6 Criminal Lis Pendens in an Arbitration Case
B.7 Infringement of Procedural Public Policy Leads to the Annulment of an Award
B.8 Dismissal of an Action for Annulment of an Award Based on an Infringement of Public Policy Unrelated to Basic Constitutional Rights
B.9 Public Policy as a Pretext to Review an Arbitrator's Decision
B.10 It Is Not Possible to Use Arbitration Equity to Obviate Mandatory Substantive Regulation
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy