PRESS RELEASE
This regulation applies to applications submitted from January 1, 2025.
One of the main advantages of institutional arbitration is that the regulations of the institution chosen by the parties integrate the arbitration agreement in everything that has not been agreed or foreseen at the time of formalizing the contract that regulates the legal relationship and the system for resolving conflicts that may arise. Therefore, the regulatory norm must generate confidence in the chosen institution, respond to the needs of the parties and offer maximum legal certainty.
To respond to the needs of legal operators and the new situations that arise in light of the accelerated and constant evolution of today’s society, arbitral institutions must review and update their regulations frequently in order to correct any deviations and effects of their application that may be contrary to the intended purpose.
The previous TAB regulations were approved in 2019. Since then, the analysis of its application to multiple arbitrations and the various situations that have arisen have allowed us to determine which points of the rule needed to be clarified, modified or deleted and which figures should have a place in the regulations and should be incorporated or regulated.
The guiding principles of the current reform carried out have been to guarantee maximum transparency, neutrality and independence in the institution’s actions; to collect and respond to the needs of the parties, their lawyers and arbitrators; to facilitate the processing of arbitration and to guarantee legal certainty to all parties involved. Examples of this will have been, among others, the creation of a Dispute Committee as an independent body, greater agility in the processing of procedures, recognition of the figure of third-party financing, the use of artificial intelligence technologies and tools. The new TAB regulations are committed to modernity and excellence as the institution’s objectives.
The reform of the regulations of the Barcelona Arbitration Court has been possible thanks to a joint effort that has included the participation of members of the TAB ‘think tank’ and arbitrators and lawyers who have contributed to the reform with knowledge and experience in arbitration matters. Thank you all.
