SPAIN 84

28 - 04 - 2014

SPAIN 84

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Spain
Summary

Spain 84. Prodalcom Group, srl v. Engineering Trading, SA, Tribunal Superior de Justicia de Catalunya, Case No. 24/2013, 28 April 2014

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)
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
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
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
SPAIN 84