SPAIN 1 March 2021 Global Sport Management

Tribunal Superior de Justicia del Pais Vasco, 1 March 2021, no. /2021 
(Global Sport Management SA v. Club Atletico Huracán)
 

01 - 03 - 2021

SPAIN 1 March 2021 Global Sport Management

Jurisdiction Spain
Summary

The Court of Appeal of the Basque Country held that it lacked territorial competence over the application for the recognition and enforcement of a CAS award rendered in Switzerland between a Paraguayan broker and an Argentinean football club. The applicant was seeking enforcement against a sum allegedly owed to the defendant by a Basque Country club. However, the latter denied owing any amount to the defendant, and the Court concluded that there were no assets which could justify its territorial competence. The Court also noted that the applicant had failed to supply the original award or a certified copy thereof, as required by Art. IV of the New York Convention and the bilateral enforcement treaty between Spain and Switzerland.

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
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

Original or copy arbitral award
SPAIN 1 March 2021 Global Sport Management