Category Archives: Arbitration

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 […]

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 […]

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 […]

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 […]

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 […]