- You are here:
- Home
- Court Decisions
- SPAIN 112
SPAIN 112
Tribunal Superior de Justicia de Cataluña, Civil and Penal Chamber, First Section, 19 December 2023, Case No. 5/2023, Decision No. 176/2023
(METSCCO Heavy Steel industries Co Ltd v. Technologías ECONTROL S.L.)
SPAIN 112
The Superior Court of Justice granted enforcement of an ICC award rendered in Switzerland. It found that there was no violation of due process and Spanish public policy because the arbitrator had denied the respondent the opportunity to present certain testimonial evidence; the arbitrators’ decisions regarding evidence were within their discretion and did not constitute a substantial procedural injustice or fundamental rights violation. The Court added that the testimonies at issue were immaterial, as they were inconsistent with documentary evidence
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.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
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 alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.