What Does It Mean for an Action to Be Subject to a Limitation Period? In legal proceedings, two main types of time limits are distinguished: prescription and limitation. Limitation periods, unlike prescription, do not allow for the suspension or restarting of the timeframe. Once the stipulated period elapses, the right to bring the action expires […]
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Author Archives: JAVIER MARTINEZ DIAZ
12
Nov
Nov
What happens when an annulment claim of an arbitral award is filed with the wrong court? Assuming, in any case, that an annulment claim of an arbitral award is filed within the civil jurisdiction, we may encounter two types of filing errors that could significantly impact the statutory two-month limitation period for filing an annulment […]
22
Oct
Oct
What happens when an Arbitration Court is dissolved? The case in question arose out of a contractual lease relationship, in which the arbitration clause indicated that any dispute was to be resolved before the Court of Economic Arbitration in Law and Equity, No. GUARANTEE NUM000, in accordance with the arbitration agreement. However, this court had […]
10
Jul
Jul
The Chamber has concluded that there has been a violation of public policy in its procedural aspect, as the additional evidence was not extemporaneous and should have been admitted in order to preserve the equality of arms between the parties. Arbitration Proceedings and Additional Evidence In the arbitration proceedings, the respondent-respondent proposed additional evidence after […]
18
Jan
Jan
Despite the recent constitutional caselaw, the Madrid High Court of Justice has recently ruled in favour of two applications to have arbitral awards set aside on the grounds that their lack of reasoning undermines public policy. The first case, Judgment 30/2023 of 12 September, finds in favour of the application to set aside, holding that […]
17
Jan
Jan
Section 10 of the Provincial Court of Madrid has overturned the inadmissibility and dismissal of enforcement proceedings notice of which was ignored by the debtor. In judicial proceedings for the enforcement of an arbitral award, the Court of First Instance had previously dismissed the enforcement action, ruling it inadmissible on the grounds that the requirements […]
07
Nov
Nov
On Friday 16 June 2023, the two centres signed a Memorandum of Understanding (MoU) that aims to combine efforts, resources and expertise and to unify their activity under uniform guidelines. Following the signing of the MoU, a period of negotiations that will last until December 2024 is now open with the aim of taking […]