Arbitration—Spain—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Spain—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Spain—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Spain published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: King & Wood Mallesons—Alfredo Guerrero; Fernando Badenes

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

Spain is a contracting State of the New York Convention of 1958, which has been in force since 10 August 1977. Spain did not make any reservations or declarations.

Spain is also party to the European Convention on International Commercial Arbitration of 1961, which has been in force from 10 August 1975, the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States of 1965 in force from 17 September 1994, and the Energy Charter Treaty ratified on 11 December 1997 and entered into force on 16 April 1998.

2. Do bilateral investment treaties exist with other countries?

Spain has 87 bilateral investment treaties (BITs) in force, for instance, with most Latin and Central American countries, China, Turkey, Morocco, South Korea, Egypt, India and Iran.

3. What

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