SPAIN 1

11 - 02 - 1981

SPAIN 1

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VII (1982)
Jurisdiction Spain
Original full text Full text decision SPAIN 1
Summary

Spain 1. Tribunal Supremo, 11 February 1981

Related topics
103

The court discusses the impact of the nationality of the parties on the application of the Convention. 

Nationality of the parties no criterion
112

The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.

Retroactivity
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
SPAIN 1