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Spain - Chapter 5 - The Art of Advocacy in International Arbitration

Author(s): 
Inigo Quintana
Alberto Fortun
Page Count: 
18 pages
Media Description: 
1 PDF Download
Published: 
March, 2004
Jurisdictions: 
Spain
Practice Areas: 
Commercial Disputes,
Advocacy

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Originally from The Art of Advocacy in International Arbitration

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I. Introduction
 
Writing about advocacy in international arbitration in Spain is a
challenge for several reasons:
 
• a tradition of written pleadings has prevailed in our courts
since the 19th century;
• oral proceedings have only been fostered in our statutes
since the enactment of the Civil Procedure Act 1/2000 of
January 7, 2000 (hereinafter CPA);1
• legal commentators have not studied advocacy as a
specific subject;
• until 1981, international arbitration was mistreated by our
courts, while the Spanish Supreme Court did not
recognize the primacy of the New York Convention and
other international treaties over the 1953 Spanish
Arbitration Act;2