- You are here:
- Home
- Court Decisions
- SPAIN 2025-7
SPAIN 2025-7
Tribunal Superior de Justicia, Madrid, Civil and Penal Chamber, First Section, 21 December 2023, Case No. 4/2021. Decision No. 19/2023
(Alkescorp S.L. et al. v. Pacific Sky Corp. S.L.U.)
SPAIN 2025-7
The Superior Court of Justice granted recognition and enforcement of an award rendered in Venezuela, finding that all conditions for seeking exequatur were met, that there had been no violation of due process, that the arbitral tribunal did not exceed the scope of the arbitration agreement, and that there was no violation of public policy, in its narrow meaning applicable 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.
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 consequences of the lack of reasons in the award on its recognition and enforcement.