SPAIN 110

Tribunal Superior de Justicia, Madrid, Civil and Penal Chamber, First Section, 15 March 2022, Case No. 7/2022, Decision No. 3/2022

(Marbau Construction SARL et al. v. Caixabank S.A.)

15 - 03 - 2022

SPAIN 110

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction Spain
Original full text Full text decision SPAIN 110
Excerpt Excerpt decision SPAIN 110
Summary

The Superior Court of Justice of Madrid refused exequatur of an award rendered in Morocco, finding that the application was not filed against the award debtors but rather against the guarantor, which had not been a party to the arbitration and the award.
Related topics
106

The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

 Problems concerning the identity of a party
SPAIN 110