Spain - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Pilar Perales Viscasillas is Chair of Commercial Law at University Carlos III of Madrid (Spain), and formerly Chair of Commercial Law at University of La Rioja. Graduated from the Law School of the University Autónoma of Madrid (1991). Doctor in Law at the University Carlos III of Madrid (1996), with honours. Member of the Spanish Bar since 2000. Consultant on domestic and international commercial legal matters and has acted as arbitrator in international commercial matters. Of Counsel at Baker & McKenzie (Madrid). Prof. Perales Viscasillas has published several books in Spanish as well as many articles in Spanish and English. Visiting Scholar at UNCITRAL and at the Universities of Columbia, Arizona and Pace, where she also was Adjunct Professor of Law. Also Visiting Professor at Queensland University and Louisiana State University. Spanish Representative at UNCITRAL in the Working Group on International Commercial Arbitration. CLOUT National correspondant.Observer at UNIDROIT on the WG (3rd edition UNIDROIT Principles of International Commercial Contracts). Member of the International Arbitration Group of the London Court of International Arbitration (LCIA). Member of the International Academy of Commercial and Consumer Law (IACCL). Member of the CISG-AC (The International Sales Convention -Advisory Council). Associate Member to the General Commission for the Codification of Commercial Law in Spain. She is also Co-Director and co-editor of the CISG database: Spain and Latin America, and co-director of Moot Madrid.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN SPAIN – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration Although arbitration in Spain may be traced back to medieval times and to the first commercial codifications contained in the “Ordenanzas,” particularly the Bilbao Ordenanzas of 1737, historically, the most important sources for arbitration are the Commercial Code of 1829 and the procedural law of July 24, 1830, which set forth mandatory arbitration for corporate and other kinds of disputes, in addition to voluntary arbitration. However, by the end of the nineteenth century, arbitration had been overlooked by teh legislature since the Commercial Code of 1885 (the Code already in force) did not contain any provision dealing with arbitration.