Last Updated July 15, 2019

Law and Practice

Contributed By Pérez-Llorca

Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

The conduct of arbitrations is foreseen in Act no. 60/2003 of December 23rd on Arbitration.

The enforcement of a domestic arbitration award follows the general procedure for judgments stated in the SCPA, whereas a foreign one shall follow the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (NY, 1958).

Arbitration is only applicable to matters that are of free disposition between individuals.

An arbitral award may be challenged and declared null on the following basis: (i) that the arbitration agreement does not exist or is void; (ii) that the appointment of the arbitrator was not duly notified or the party challenging the award could not exercise its rights; (iii) that the arbitrators decided on issues not subject to their decision; (iv) that the appointment of arbitrators or the arbitral procedure did not follow what the parties agreed or what is stated in the applicable law; (v) that the arbitrators decided on matters not subject to arbitration; or (vi) that the arbitration award is against public order.

Arbitration awards follow the same enforcement procedure as domestic judgments (see section 13.1 Laws Regarding the Conduct of Arbitrations above).

In case of foreign arbitration awards, the party seeking its enforcement shall file a lawsuit against the debtor accompanied by an original or authenticated copy of the award and of the arbitration agreement, all duly translated into an official language in Spain.

Pérez-Llorca

Paseo de la Castellana, 50
28046 Madrid

+34 91 436 04 20

+34 91 436 04 30

info@perezllorca.com www.perezllorca.com
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Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

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