SPAIN 71

21 - 07 - 2011

SPAIN 71

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVII (2012)
Jurisdiction Spain
Summary

Spain 71. Audiencia Provincial, Fifth Chamber, Seville, 21 July 2011

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
515

Award not binding, suspended or set aside: The court discusses the conditions under which an award that has merged into a court judgment in the country of origin can still be enforced as an award under the Convention, and whether a decision granting recognition under the Convention can be enforced as a foreign court judgment in a third country.

Merger of award into judgment
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
704(C) Art. VII(1): European Union (Treaties and Legislation)
SPAIN 71