SPAIN 103 The Court granted enforcement of an award rendered under the auspices of the ICAC Ukraine, finding that the applicant had complied with the conditions of Art. IV of the New York Convention, and that there was no ground for refusing enforcement. In particular, there had been no violation of due process because the arbitral institution had decided that Ukrainian would be the language of the arbitration, taking into account the fact that the parties' contract had been drafted in both Spanish and Ukrainian, and that the defendant had not supported its request that the language be English other than by arguing that it did not know Ukrainian. The Court held that the defendant ought to have been more diligent, and that its passivity did not justify a finding of a violation of due process. Further, the Court denied the objection that enforcement of the award would be at odds with Spanish public policy – which, the Court stressed, meant the fundamental rights of the Spanish legal system. By awarding contractual penalties, the arbitral tribunal had applied the express provision in the parties' agreement, and its decision to award the costs of the arbitration was permitted under the Spanish Arbitration Law.
Tribunal Superior de Justicia de Madrid, 19 January 2021, No. 1/2021
(Mebel Service SL v. Made for Stores SL)