- You are here:
- Home
- Court Decisions
- SPAIN 2025-2
SPAIN 2025-2
Tribunal Superior de Justicia de Andalucía, Civil and Penal Chamber, First Section, 10 February 2022, Case No. 3/2021, Decision No. 3/2022
(Ferme PV1 S.A.S. v. Bester Generation SL)
SPAIN 2025-2
The Superior Court of Justice denied the argument that exequatur of an ICC award could be granted only in respect of all the parties of the original multiparty arbitration. The Court explained that while recognition granted was for the entirety of the award, enforcement could be granted only against the present respondent.
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.
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.