SPAIN 34
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVII (2002)
Jurisdiction
Spain
Original full text
Full text decision SPAIN 34
Excerpt
Excerpt decision SPAIN 34
Summary
Spain 34. Tribunal Supremo, 17 February 1998
Related topics
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
504
Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
505
Incapacity of party
508
Ground b: Violation of due process in general
523
Irregularities in the arbitral procedure (see also Art. V(1)(b))
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.
703(A)
Multilateral treaties
704
European Convention of 1961
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.
704(B)
Bilateral Treaties