Contributed By Pérez-Llorca
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.