FAQ’S

Its main office is at Carrer Roger de Llúria 113 in Barcelona (08037), but it also has territorial sections in Catalonia and delegations in other European cities such as Madrid, London, Paris, Rome, Milan, Lisbon, The Hague, Brussels, Geneva, Montpellier, Lyon, Hamburg and Budapest.

From Monday to Thursday, from 8:00h to 17:00h and on Fridays, from 8:00h to 15:00h.

Representatives of the public law corporations who make up the entity (Chamber of Commerce, Notaries, Registrars, Lawyers and Intercollegiate). They cannot appoint themselves as arbitrators, but are responsible for the efficient administration and organisation of the arbitration proceedings.

Yes, arbitration can be carried out anywhere in the world. There is no territorial jurisdiction in arbitration, but rather voluntary submission by the parties regardless of where their domicile is located. When it is located in different countries, the arbitration is international and the arbitrators cannot be nationals of the country of either of the parties.

Arbitration begins with the submission of the request for arbitration to the TAB, which also interrupts the statute of limitations or expiration of the rights and actions that are the object of the claim.

You can find the application form to be completed on the website by clicking here.

In the application, you must include the information that you will find in art. 5 of the RTAB by clicking here. These are only the details necessary to administer the arbitration and appoint the arbitrators in the absence of an agreement between the parties, such as the identification details of the parties, the place and language of the arbitration, the object and amount of the dispute or the addresses for service.

At any branch or territorial section of the TAB or at its head office, located at Carrer Roger de Llúria 113, Barcelona (08037). They can also be submitted by e-mail to secretaria@tab.es, or using the online form that you will find by clicking here.

No. When submitting the application to the TAB, you only need to provide the contract containing the arbitration clause in which the parties submit to the TAB, the powers of attorney, if applicable, and in the case of a legal entity, the powers of attorney of the legal representative or attorney-in-fact of the legal entity.

No. In contractual matters almost everything is *arbitrable. Disputes on matters of free disposal can be submitted to arbitration, which usually coincide with matters that have a patrimonial content and in which the intervention of the Public Prosecutor’s Office is not mandatory.

No. Labour arbitration, like consumer and transport arbitration, has its own processing channels. However, in the case of commercial contracts in the labour sphere, such as senior management contracts, they can be submitted to arbitration by the TAB.

No. Consumer arbitration, like labour and transport arbitration, has its own processing channels. However, when one of the parties is a consumer, the parties may submit to TAB arbitration if they agree to do so after the dispute has arisen.

Yes, interim measures may be requested both before the arbitration begins, through the figure of the emergency arbitrator [See EA Regulations], and once the arbitrator of the main proceedings has begun [art. 36 RTAB]. The cost of requesting an emergency arbitrator is indicated in art. 9 of the [EAR]. Interim measures of protection requested during the arbitration proceedings have the cost indicated in section G of the Annex to the RTAB.

The validity of the arbitration agreement must be assessed by the arbitrator, although the TAB may make a preliminary assessment in those cases in which its nullity is so notorious that it would be absurd to initiate arbitration. If you have any doubts about its validity, you can consult your lawyer, or contact us at secretaria@tab.es.

Yes. The TAB has a routing service to explore the willingness of the parties to submit an existing conflict to TAB institutional arbitration, with acceptance of the Rules. You can request this service here or send us any queries via secretaria@tab.es.

The presence of a lawyer or solicitor is not obligatory, but in practice it is usual and advisable for the parties to be represented and assisted by a lawyer in order to preserve the right of defence that the law guarantees. This is a technical procedure, where knowledge of the law and procedural strategy are as important, if not more so, than in court.

General powers of attorney for lawsuits are only sufficient if they expressly mention arbitration. Not only to appear in arbitration, but also to submit to arbitration and/or to amend the arbitration agreement. The power of attorney may be notarised or made apud acta at the TAB’s head office or by electronic signature.

The language of the arbitration shall be the language chosen by mutual agreement of all parties. In the absence of this agreement, it will be the language of the contract from which the conflict arises and which incorporates the arbitration agreement.

The rapporteur [ponente] is one of the members of the TAB, except the chairman, appointed when the request for arbitration comes in, strictly in alphabetical order. His/her function is to represent the TAB as administrator and organiser in each arbitration, for example, when the proceedings are initiated.

The arbitrator is the one who decides the dispute. TAB arbitrators are appointed by the parties themselves, and in the absence of agreement, by the TAB from its list of arbitrators. This list is the result of a merit and training competition following pre-established quality standards. The appointment is made randomly, as a guarantee of independence and impartiality, from among the specialists on the list, according to the subject matter of the conflict. Exceptionally, and with good reason, due to the uniqueness of the case, other specialists from outside the list may be appointed.

To join the list of TAB arbitrators, you must pass a merit and training competition based on pre-established quality standards based on professional qualifications, professional specialisation and experience or training in arbitration, duly accredited and documented, together with a personal letter of introduction. In addition, the TAB may call the candidate for a personal interview, in person or online.

You can see the cost of your arbitration in this calculator, although you should first know the amount of your claim, the subject matter of the dispute, and the number of arbitrators agreed or required (normally only one arbitrator). If you are in doubt about the amount of your claim, please contact us at secretaria@tab.es.

The registration fee [Section A) Annex RTAB] and then the administration fee and the administration fee to be borne equally by the parties [Section B of the Annex RTAB] must be paid at the time of filing the application. You can calculate the total cost of your arbitration and the amount you are required to pay here. The payment can be made by bank transfer to the account held by the TAB at Grupo *Arquia-Caja Abogados, number ES53 3183 0803 1320 0035 7125. The payment of the registration fee can be made by transfer to the bank account or through this TPV.

The TAB will not initiate the arbitration process until the full cost of the arbitration has been paid or guaranteed. The TAB Rules provide that the payment of the arbitration costs must be made by the parties, in equal shares, although the arbitration may be processed, even if the payment of the costs has not been completed, if either party offers a letter of guarantee sufficient to cover the unpaid amounts.

The procedure followed by the arbitration is the one agreed by the parties at all times, provided that the rights of equality, defence and hearing of all parties are guaranteed. In the absence of an agreement, the TAB is governed by its Rules, which regulate two types of procedure. The abbreviated procedure is a shorter procedure, essentially for claims for amounts of less than €50,000, and the ordinary procedure, with a hearing, and therefore longer, for all other cases.

The procedure followed by the arbitration is the one agreed by the parties at all times, provided that the rights of equality, defence and hearing of all parties are guaranteed. In the absence of an agreement, the TAB is governed by its Rules, which regulate two types of procedure. The abbreviated procedure is a shorter procedure, essentially for claims for amounts of less than €50,000, and the ordinary procedure, with a hearing, and therefore longer, for all other cases.

Yes, the procedure followed by the arbitration is the one agreed by the parties at all times, including its processing in full or in part telematically. It is most common for the submission of pleadings and documents to be made electronically and for hearings to also be held electronically, except for the hearing for the taking of evidence agreed by the arbitrator, which is usually held in person.

The procedure followed in arbitration is the one agreed by the parties at all times, provided that the rights of equality, defence and hearing of all parties are guaranteed. In the absence of agreement, the procedure is governed by the current TAB Rules [RTAB]. Emergency arbitration, to request urgent interim measures prior to the intervention of the arbitrator, is regulated by this Additional Clause to the RTAB.

The duration of the arbitration is decided by the parties themselves. It depends on its complexity, but in the absence of an agreement, the arbitrators must issue their arbitral award (or judgement) within a maximum period of six months from the commencement of the proceedings (act of initiation). This period may be extended by the arbitrators for a maximum of sixty days, in order to properly complete their mission.

The award that decides the dispute is enforceable as soon as it is notified to the parties, without the need to wait for the decision of any subsequent appeal. The arbitral award (or judgement) has the effect of res judicata, comparable to a court judgement. Once notified to the parties, the arbitrator’s decision cannot be modified and binds both the courts and the parties to the arbitration. If they do not comply voluntarily, it can be enforced in the same way as a court judgement.

No. In our country, the power to carry out enforcement is attributed exclusively and exclusively to the Courts of First Instance. These are the only bodies competent to impose by force and coercively the compliance or enforcement of the award, substituting the will of the party obliged to comply with it or agreeing to the corresponding attachments.

Yes, provided that the country where it is to be enforced has signed the relevant international conventions (New York Convention of 1958, the contents of which you can consult here and the list of signatory countries, which you can consult on the United Nations website, UNCITRAL.

No appeal may be lodged against the final award rendered by the arbitrator in TAB institutional arbitrations. The arbitrator’s decision, as a qualified specialist in the matter in dispute, is final. A specific procedure to request the annulment of the award can only be brought before the High Court of Justice of Catalonia in very specific cases, such as when the jurisdiction of the TAB is questionable (the validity of the arbitration clause) or when the rights of defence, equality and hearing of any of the parties have been violated.

No. One of the characteristics of arbitration (together with its speed, flexibility, immediacy and specialisation) is confidentiality, in similar terms to mediation. Unless otherwise agreed by the parties, the TAB, the arbitrators, the parties and those involved in the arbitration must preserve this confidentiality. An award may only be published after deletion of data identifying the parties and the case, if no party objects and the TAB considers the award to be of doctrinal interest.

Yes, the TAB has a consignment account where you can make the payment, acting as a mere intermediary, to record your compliance. This service has a cost that you can consult in the Annex of costs [here]. Payment can be made by bank transfer to the TAB account at Grupo *Arquia-Caja Abogados no. ES53 3183 0803 1320 0035 7125.