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SPAIN 2025-4
Tribunal Superior de Justicia, Madrid, Civil and Penal Chamber, First Section, 15 March 2022, Case No. 47/2021, Decision No. 4/2022
(Cree Power L.P. et al. v. Jenner Renewables S.L. et al.)
SPAIN 2025-4
The Superior Court of Justice granted exequatur of a consent award rendered in New York, rejecting, on the record, the respondents’ contentions that the claimant failed to supply a duly authenticated award and to demonstrate the award’s finality. The argument that exequatur should be denied because related criminal proceedings were pending in Spain also failed, because such proceedings concerned a separable issue that would not influence the present enforcement proceedings and therefore did not constitute lis pendens.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
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.