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SPAIN 2026-4
Tribunal Superior de Justicia de Cataluña, Barcelona, Civil and Penal Chamber, First Section, 24 July 2025, Case No. 884/2025, Decision No. 65/2025
(Happy CP Company Limited v. Mr. Mauricio)
... Read moreTribunal Superior de Justicia de Cataluña, Barcelona, Civil and Penal Chamber, First Section, 24 July 2025, Case No. 884/2025, Decision No. 65/2025
(Happy CP Company Limited v. Mr. Mauricio)
SPAIN 2026-4
Finding that the applicant had complied with the conditions of Art. IV, and that no grounds for refusal had been invoked by the respondent, the Court granted recognition of an award issued in Hong Kong. The Court noted in particular that the respondent had been given proper notice of the arbitration, as the notice had been successfully delivered to the email addresses designated by the respondent, even though later messages could not be delivered.
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.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.