Spain: Overview of the Legal Framework of Arbitration in Spain

Parties are increasing resorting to arbitration as a means of settling disputes. As a dispute resolution mechanism, it offers a neutral venue, greater flexibility and speed and international recognition of enforcement of awards.

 

Arbitration in Spain has undergone significant progress in recent years. This is due to the efforts made by the administrating institutions to make arbitration a real alternative to the courts for the resolution of disputes.  It is also due  to the development of legislation in this field, aimed at achieving the harmonization and uniformity of the laws regulating arbitration and favoring the effectiveness of arbitration as a means for dispute resolution.

 

Spanish arbitration law is based on the Model Law adopted by the United Nations Commission on International Trade Law on 21 June 1985 (UNCITRAL Model law), as recommended by the General Assembly.  It takes into account the requirements for uniformity of arbitral procedure and the needs of international commercial arbitration.  The law allows parties to acquire greater certainty with regard to the legal system of arbitration in Spain and facilitates the use of arbitral agreements in which Spain is designated as a center for international arbitration, in particular in the Latin American context.

 

In this context, the 2010 “Spain” chapter of Getting the Deal Through, Arbitration in 50 Jurisdictions Worldwide, is a particularly useful guide.  Co-authored by Calvin Hamilton, the chapter provides an overview of the Spanish laws and institutions, arbitration agreements, the constitution of arbitral tribunals, jurisdictions, arbitral proceedings, interim measures, awards, proceedings subsequent to issuance of awards, updates and trends – all from a Spanish legal perspective.

 

Click here to view entire 2010 “Spain” chapter of Getting the Deal Through, Arbitration in 50 Jurisdictions Worldwide.

 

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