SPAIN 53

26 - 02 - 2002

SPAIN 53

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXII (2007)
Jurisdiction Spain
Summary

Spain 53. Tribunal Supremo, Civil Chamber, 26 February 2002

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
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
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
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
704

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.

European Convention of 1961
SPAIN 53