SPAIN 35
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVII (2002)
Jurisdiction
Spain
Original full text
Full text decision SPAIN 35
Excerpt
Excerpt decision SPAIN 35
Summary
Spain 35. Tribunal Supremo, 5 May 1998
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
504
Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
518
Paragraph 2 - Distinction domestic-international public policy
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
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