Category Archives: Arbitration

The indirect transfer of shares subject to accessory services.

La transmisión indirecta de participaciones sujetas a prestaciones accesorias.

The voluntary transfer by inter vivos acts of shares with ancillary services will require, in accordance with art. 88.1 LSC, the prior authorisation of the company, a requirement that is justified by the company’s interest in the correct fulfilment of these ancillary services, given their inherent link to the development of the company’s corporate purpose. […]

Intimidation in negotiation: when is it criminally relevant?

intimidación penal

On 11 March, in STS 235/2024, the Supreme Court ruled on the concept of intimidation as a result of the well-known “Ausbanc case“, stating that not all pressures that arise in negotiations reach the level of intimidation necessary to constitute the crime of extortion, as defined in article 243 of the Penal Code. Legal definition […]

Potential sovereignty conflicts in international corruption offences

Posibles conflictos de soberanía en delitos de corrupción internacional

Since 2015, following the amendment of the Criminal Code by LO 1/2015, of 30 March, crimes against the Public Administration, more specifically, bribery, influence peddling and embezzlement, can also affect foreign officials, not only officials from the EU or EU member countries (who were already subject to this regulation since 2010, by the reform of […]

The Madrid High Court of Justice sets aside two arbitral awards on the grounds that their lack of reasoning is contrary to public policy.

El Tribunal Superior de Justicia de Madrid estima dos acciones de nulidad de laudos por infracción del orden público debido a su falta de motivación.

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 […]

IS IT POSSIBLE TO COMMIT AN OFFENCE OF FALSE TESTIMONY IN ARBITRAL PROCEEDINGS?

¿SE PUEDE COMETER UN DELITO DE FALSO TESTIMONIO EN EL SENO DE UN PROCEDIMIENTO ARBITRAL?

The criminal offence of false testimony, defined at article 458.1 of the Criminal Code, punishes witnesses who do not tell the truth in the evidence they give in judicial proceedings or before International Courts. However, does the offence of false testimony arise in the case of witnesses who lie in arbitration proceedings? While the said […]

Serving notice on a lawyer by e-mail in arbitration proceedings is not valid if there is no proof of delivery.

No es válida la notificación en el arbitraje por correo electrónico de un abogado sin prueba de su entrega.

The High Court of Justice of Madrid, in a judgment dissenting as to reasoning but not outcome, has held that this would undermine domestic public policy as it would no longer be a matter of official record. In exequatur proceedings for the recognition of an arbitral award issued in institutional arbitration administered by the China International […]

Judicial enforcement of an arbitral award cannot be ruled inadmissible where the debtor has repeatedly evaded the service of notice.

No cabe inadmitir la ejecución judicial de un laudo arbitral cuando el ejecutado se ha negado repetidamente a ser notificado.

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 […]

The Madrid International Arbitration Centre (CIAM) and the Ibero-American Arbitration Centre (CIAM) have signed a key agreement on international arbitration. 

El Centro Internacional de Arbitraje de Madrid (CIAM) y el Centro Iberoamericano de Arbitraje (CIAR) firman un acuerdo clave en materia de arbitraje internacional.

 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 […]

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