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SPAIN 2026-3
Tribunal Superior de Justicia , Madrid, Civil and Penal Chamber, First Section, 24 June 2025, Case No. 61/2025, Decision No. 7/2025
(Parque Eólico El Mezquite, S.A.P.I de C.V. v. Grupo Aldesa, ... Read more
Tribunal Superior de Justicia , Madrid, Civil and Penal Chamber, First Section, 24 June 2025, Case No. 61/2025, Decision No. 7/2025
(Parque Eólico El Mezquite, S.A.P.I de C.V. v. Grupo Aldesa, S.A.)
SPAIN 2026-3
The Superior Court of Justice denied recognition of an award rendered in Mexico City. It noted that the engineering contract between the parties required negotiation between senior management of the parties as a condition precedent to arbitration. However, negotiation had only be carried out with one of the parties to the arbitration and not with the present respondent. Hence, the arbitration had not been in accordance with the parties’ agreement.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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 overall scheme and/or pro-enforcement bias of the Convention.
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.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.