The Arbitration Act seeks to adapt to the new Traffic Law Evolution

1. Spain already had an Arbitration Act What changes introduced new regulations?

The Arbitration Act is based and inspired by the Arbitration Model Law developed by the United Nations Commission on International Trade Law of June 21, 1985. Prior to Spain, many countries had adopted arbitration laws based on the Model Law of Arbitration.

In addition, the Arbitration Act is intended to adapt to new developments in legal traffic, especially in the field of international trade. Thus, the Arbitration Act incorporates technical advances and meets the changing needs of arbitral practice, particularly with regard to requirements of the arbitration agreement and interim measures.

2. What does it mean that the award has enforceable? Can you give an example?

As prescribed in Article 517 of the Civil Procedure Act, the decisions (or arbitral awards) carry with execution. This means that the award can be executed as if it were a sentence.

Undoubtedly, this is one of the main novelties of the current Arbitration Act regarding the above, it is allowed to run even if the award has been instituted against this action for annulment. Called for the annulment action, the debtor may apply to the court hearing the execution suspending enforcement of the award, provided they give bail to answer for what was due, plus costs and damages resulting from the delay in implementation, the terms set out in Article 45 of the Arbitration Act.

3. What are the sectors in which the new law has become important?

The Arbitration Act is not directed to a specific sector, and aims to take a step further by providing the tools of-court settlement of disputes.

What purports to the Arbitration Act is to promote and extend the use of arbitration as an alternative system of dispute resolution, both domestic and international law. It also aims to promote arbitration agreements that are agreed on the establishment of Spain as a place of arbitration.

In general, arbitration is chosen as a method of conflict resolution by companies from various sectors, but also, at times, individuals are subject to arbitration.

The most common sectors are construction, energy, trade, telecommunications, marine and pharmaceutical industries.

4. Have you benefited from judicial work?

Arbitration is not intended as a method of conflict resolution that benefits the judicial work. This is a method of private dispute resolution alternative to litigation that sometimes it is more beneficial, by the speed of proceedings and its private-for certain companies.

However, arbitration is not completely foreign to judicial intervention. In arbitration are many occasions when either the parties or the arbitrators, they may look to the courts. Specifically, we refer to cases of appointment of arbitrators (in the event that the parties have so provided, or just have not planned and does not agree), precautionary measures and legal aid to practice evidence.