- You are here:
- Home
- Court Decisions
- SPAIN 2025-1
SPAIN 2025-1
Tribunal Superior de Justicia, Madrid, Civil and Penal Chamber, First Section, 24 January 2022, Case No. 37/2021, Decision No. 01/2022
(Petróleos de Portugal Petrogal, S.A. v. Técnicas Reunidas S.A.)
SPAIN 2025-1
The Superior Court of Justice granted recognition and enforcement of an ICC award rendered in Portugal. It dismissed the contention that exequatur would violate public policy because the arbitral tribunal had failed to join a necessary party to the arbitration, explaining that this procedural issue did not constitute a violation of public policy according to the standards applicable under Article V(2)(b) of the New York Convention.
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.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.