International Commercial Arbitration in Spain

Resumen

International Commercial Arbitration in Spain focuses on the Spanish legal framework (Arbitration Act 2003) and the international conventions. Although this book will be of inestimable value to comparative law and arbitration specialists, it provides useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. As far as Spain is a Member State of the European Union, the influence of some European regulations and the jurisprudence of the Court of Justice are carefully studied. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. What’s in this book: Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards.