Category Archives: Arbitration

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

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?

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.

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.

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. 

 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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