What is the paralysis of corporate bodies? Pursuant to Article 363.1(d) of the Spanish Companies Act (Ley de Sociedades de Capital), “the paralysis of the corporate bodies in such a manner as to render their functioning impossible” constitutes a statutory ground for dissolution. In such cases, the company is under a legal obligation to dissolve.However, […]

What Constitutes the Motivation of an Arbitral Award? An arbitral award must meet certain internal requirements, one of which is the duty of motivation. This entails the arbitrators’ obligation to present the reasons and grounds underpinning their decision, thereby enabling the parties to understand the essential criteria guiding the resolution of the dispute. However, the […]

The impartiality of an arbitrator is a fundamental requirement in any arbitration proceeding. However, in certain situations, parties may allege a lack of impartiality to attempt to annul an arbitral award. Below, we analyse a recent case addressing this issue. What is Arbitrator Impartiality? When an arbitrator is appointed, they must ensure their neutrality and […]

What is a Jurisdictional Challenge Due to Arbitration Agreement? When the parties to a contract agree to submit any disputes arising from it to arbitration, such disputes must be resolved through that means. If one party, instead of resorting to arbitration, initiates judicial proceedings against the other on the basis of the contract, the defendant […]

What is the Challenge of an Arbitrator? If during the course of arbitral proceedings, doubts arise regarding the impartiality or independence of an arbitrator, the parties have the right to challenge them in order to remove them from the tribunal. The challenge must be grounded in the applicable national law and the arbitration rules governing […]

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 […]

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 […]