International Commercial Arbitration at Spain
Certainly! Here’s a detailed overview of International Commercial Arbitration in Spain:
International Commercial Arbitration in Spain
1. Legal Framework
Spain’s arbitration is governed primarily by the Spanish Arbitration Act 60/2003 (Ley 60/2003, de Arbitraje).
The Act implements the UNCITRAL Model Law on International Commercial Arbitration with adaptations for the Spanish legal context.
Spain is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Spain also ratified the 1958 Inter-American Convention on International Commercial Arbitration (Panama Convention) and is a member of the European Convention on International Commercial Arbitration.
2. Key Features
Arbitration Agreement: Must be in writing and clearly specify arbitration as the dispute resolution mechanism.
Scope: The Act governs both domestic and international arbitration.
Seat of Arbitration: Spain can be chosen as the seat (locus arbitri). The seat governs procedural aspects of arbitration.
Arbitral Tribunal: The Act sets rules for the appointment, challenge, and duties of arbitrators.
Court Intervention: Courts provide limited assistance—supporting arbitration by appointing arbitrators if parties fail to do so, granting interim measures, and assisting enforcement while respecting the principle of minimal interference.
Confidentiality: Arbitration proceedings are confidential, unless parties agree otherwise.
Recognition and Enforcement: Spain enforces both domestic and foreign arbitral awards under the New York Convention with minimal judicial interference.
3. Arbitration Institutions in Spain
Madrid Court of Arbitration (Corte de Arbitraje de Madrid) is a prominent institution administering international commercial arbitrations.
Other institutions include the Barcelona Chamber of Commerce Arbitration Court and Valencia Arbitration Court.
Parties may also choose international institutions such as the ICC or LCIA, with Spain as the seat.
4. Advantages of Spain as Arbitration Venue
EU Member State: Spain benefits from EU regulations and is considered a stable, arbitration-friendly jurisdiction.
Strong Legal Framework: Spanish courts generally uphold arbitration agreements and arbitral awards.
Enforcement: Spain’s ratification of the New York Convention ensures enforcement of foreign awards.
Modern Arbitration Law: Combines the UNCITRAL Model Law principles with local procedural rules.
Language Flexibility: Arbitration proceedings may be conducted in Spanish or any other language agreed by the parties.
5. Sample Arbitration Clause for Spain
Any dispute arising out of or in connection with this contract shall be finally resolved by arbitration in accordance with the Spanish Arbitration Act 60/2003. The seat of arbitration shall be Madrid, Spain. The arbitral tribunal shall consist of [one/three] arbitrator(s). The language of the arbitration shall be [Spanish/English]. The arbitration shall be administered by the Madrid Court of Arbitration (Corte de Arbitraje de Madrid) and conducted according to its rules.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Spanish Arbitration Act 60/2003 (UNCITRAL-based) |
| New York Convention | Ratified |
| Arbitration Institutions | Madrid Court of Arbitration, Barcelona Chamber of Commerce, Valencia Arbitration Court |
| Court Intervention | Limited, supports arbitration process |
| Enforcement of Awards | Robust under New York Convention |
| Language | Spanish or agreed language |
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