REGULATION
REGULATION
On 18th November 2024, the Board of Directors approved the reform of the TAB Rules of Procedure, which came into force on 1st January 2025, replacing the previous version from 2019. The Rules 2025 apply to applications submitted from the date of their entry into force. The Transitional Provision stipulates that, in ongoing arbitrations subject to the Rules 2019, the parties may agree to apply the Rules 2025.
The reform aims to:
- Incorporate the latest international trends and standards.
- Respond to current needs and the most recent case law.
- Incorporate and respond to the needs of parties, lawyers and arbitrators as well as the evolution of the arbitration community.
- Facilitate the processing of the procedure and guarantee the legal security of those involved.
- Guarantee maximum transparency, neutrality and independence in the actions of the TAB and the arbitrators.
EXPEDITED PROCEDURE
The expedited procedure shall be applied, by decision of the TAB, to all matters whose amount does not exceed 50,000€, provided that, in the opinion of the TAB, there are no circumstances that would advise the use of the ordinary procedure.
The parties may also agree that the arbitration be conducted under the expedited procedure of Article 52 of the TAB 2025 Regulations, in force since 1st January 2025, or exclude the application of the provisions of the expedited procedure and agree that the arbitration be conducted as an ordinary procedure regardless of the amount of the claims brought.
Proceedings initiated prior to 1st January 2025 will continue to be processed in accordance with the provisions of Article 50 of the previous Regulations.
EMERGENCY ARBITRATOR
This figure is intended to provide a response to the parties who, faced with the decisional vacuum in the pre-arbitral stage of the proceedings would be forced to resort to the ordinary courts to obtain urgently needed precautionary measures to guarantee the result or the arbitration process itself.
The emergency arbitrator will cease to function as soon as the arbitrator of the proceedings accepts the assignment.
ARBITRATION ACT
Law 60/2003 of 23 rd December 2003 on arbitration, amended by Law 11/2011, corrected the shortcomings of the previous law of 1988 and harmonised the legal regime of arbitration, thus favouring the dissemination of its practice and providing economic agents with greater certainty regarding the content of the legal regime of arbitration in Spain.
It is inspired by the Model Law drawn up by the United Nations Commission on International Trade Law of 21 st June 1985 (UNCITRAL/UNCITRAL Model Law), which responds to a compromise between the continental European and Anglo-Saxon legal traditions.
NEW YORK CONVENTION FOR THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
New York, 7 th June 1958
More information on ratification, accession, succession, declarations, reservations to this Convention and other information can be found via the following link.
CASE LAW
Keep up to date with the latest case law with the “Blog de José Carlos Fernández Rozas”:
José Carlos Fernández Rozas
Professor of Private International Law, lawyer and arbitrator.
An exhaustive selection of arbitration case law issued by the Supreme Court, High Courts of Justice, Provincial Courts and Courts of First Instance.
