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SPAIN 2025-8
Tribunal Superior de Justicia, Valencia, Civil and Penal Chamber, First Section, 25 March 2024, Case No. 32/2023, Decision No. 08/2024
(Mr. Leon v. Ms. Ariadna)
SPAIN 2025-8
A Latvian arbitral award issued in respect of a loan agreement for the purchase of a real estate property in Spain, intended to be the residence of the minor children of the parties, was granted recognition and enforcement. The Court found that all the conditions for seeking exequatur were met and that there were no ground for refusal under the New York Convention. It rejected in particular the contention that the award dealt with payments described as “child support”, and was therefore issued in respect of a non-arbitrable matter, pointing out that the case concerned a loan agreement.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
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 issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
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.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.