REGULATION
REGULATION
The Rules of the Tribunal Arbitral de Barcelona [Barcelona Arbitration Court] were approved on 27 th November 2018, rendering any previous rules null and void. These rules apply to all arbitrations proceedings unless otherwise agreed by the parties. The amendment to the schedule of costs was approved on 26 th October 2022.
EXPEDITED PROCEDURE
The expedited procedure shall be applied, by decision of the TAB, in cases in which the total amount of the proceedings (including, where appropriate, the counterclaim) does not exceed fifty thousand euros or the equivalent amount which, as an update, may be fixed by the TAB.
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.
