SPAIN 63

17 - 05 - 2007

SPAIN 63

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction Spain
Summary

Spain 63. Tribunal Supremo, First Civil Chamber, 17 May 2007

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
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
704(C) Art. VII(1): European Union (Treaties and Legislation)
SPAIN 63