SPAIN 8

03 - 06 - 1982

SPAIN 8

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XI (1986)
Jurisdiction Spain
Original full text Full text decision SPAIN 8
Summary

Spain 8. Tribunal Supremo, 3 June 1982

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)
103

The court discusses the impact of the nationality of the parties on the application of the Convention. 

Nationality of the parties no criterion
205

The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

Signatures
211

The court discusses issues specific to bills of lading and charterparties, such as whether the subsequent holder of the bill of lading is bound by the arbitration agreement therein and whether the arbitration clause in the charterparty is incorporated into the bill of lading.

Bill of lading and charter party
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
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
914

The court discusses this general reciprocity clause, which was inserted in the Convention to remedy the absence in the commercial reservation (Art. I(3)) of a federal-state clause allowing Contracting States not to apply the Convention to awards made in a constituent state or province of a Contracting State which was not bound to apply the Convention.

General reciprocity clause
SPAIN 8