Trade Disputes in Spain
- Arbitration is making progress in the conflict resolution method as an alternative to the legal route thanks to its reduced cost and duration (maximum 6 months) compared to the Courts. Arbitration is not used for industrial or labor disputes and for all cases for which there is already a court ruling.
- Arbitration Law
- Law 60/2003 of December 23 on arbitration
- Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
- Appointment of Arbitrators
- The parties can freely fix the number of arbitrators (always an odd number). Each arbitration entity propose lists from which the arbitrators are appointed. The arbitrators are mostly lawyers.
- Arbitration Procedure
The procedure can vary from one Arbitration Court to another. In general:
- An application must be filed with the Arbitration body for the case and place. This arbitration body has 15 days to respond.
2 types of arbitration: equitably (according to the arbitrator's knowledge) or in legal terms (according to the laws in force, arbitrators have to practicing lawyers).
- An arbitration body (college) is then formed with a President appointed by the administration and minimum one arbitrator is assign to each party.
- The body (College) then summon the parties for a hearing in order to present their grievances and the proofs. It then pronounces its sentence. In the event of agreement during the course of arbitration, the College ratifies it by a sentence equivalent to the agreement.
- The recourses possible against an arbitration sentence are the Cancellation Recourse (filed within 2 months at the Departmental Court of Justice) or Revision Recourse which follows the same course as the firm legal sentences.
- Permanent Arbitration Bodies
Spanish arbitration court (Sectors Covered: commercial)
Civil and Commercial Arbitration Court (Sectors Covered: Civil and Commercial Law)
Arbitration and Mediation Community Association (Sectors Covered: contracts, defense of companies and professionals)
Juntas arbitrales(Sectors Covered: Consumer court)
Government Arbitration organizations related to transport (Sectors Covered: transport)
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