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SPAIN 111
Tribunal Superior de Justicia, Madrid, Civil and Penal Chamber, First Section, 5 May 2022, Case No. 8/2020, Decision No. 8/2022
(MBA Community Loans, PLC v. Ms. Marisa)
SPAIN 111
The Superior Court of Justice granted recognition and enforcement of an LCIA award, finding that all requirements for seeking exequatur were met and that there were no grounds for refusal under 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.
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 cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.