The Spanish Court of Arbitration is the body in charge of conducting internal and international arbitrations which are submitted to it, in compliance with the legal mandate conferred to the High Council of Chambers of Commerce, Industry and Navigation of Spain.

The New Procedural Rules of the Spanish Court of Arbitration entered into force on 15th of May 2010 and were amended on 15th of March 2011. Its main attractions are the following:

Commencement of the procedure

The initiation of the arbitration procedure before the Spanish Court of Arbitration starts with the submission of a written request for arbitration (Article 17, RCEA (Procedural Rules of the Spanish Court of Arbitration). The written request for arbitration is not the same as the Statement of Claim as the time allowed for formalizing the Statement of Claim is issued afterwards. Once the sole arbitrator has been appointed, in accordance with article 20 of the Rules, we proceed to draw up and sign the Terms of Reference, that is, the procedural time scale is set in accordance with which the procedure will be conducted (the deadline for formalizing the Statement of Claim, reply, evidence, conclusions and Award).

Where to submit your request

As provided for in article 7.3 of the Procedural Rules of the Spanish Court of Arbitration, the use of electronic communication is preferred, so you just have to send your written request to arbitraje@camara.es However, if it is not possible to submit documentation via this method, all the written documents and documentation that are going to form a part of the arbitration file and/or which will be submitted to the Secretary of the Court, must be accompanied by as many paper copies as there are parties, plus one additional copy for each arbitrator, in accordance with article 9 of the same Rules

Content

The written request for Arbitration must contain: a) Full identity and/or business name, address, telephone, fax, email and other relevant information, both of the claimant or claimants submitting the request for arbitration, as well as the respondent or respondents, together with their representative and consultants, which enables identification, contact and communication with these by the Court: b) Brief description of the dispute and remedies sought from the arbitration, and value of these; c) Identification of the action, document or contractual documents or legal business from which the dispute, which is submitted to arbitration, arises together with the arbitration agreement or specific agreement binding the parties and from which submission to this court may be inferred -submitting where appropriate copies of the same- unless said submission is implicit in the request for arbitration itself, in the event that it has already been accepted by the respondent or respondents; and d) The proposal on the type of arbitration, number and identity of all the arbitrators, language and place of arbitration, together with, if appropriate, laws applicable to the substance of the dispute. At the same time, these must be accompanied by the proof of payment of the admission fees.

Admission fee

The amount of the admission fee, detailed in the Financial Annex of the Rules, is €800 if the amount claimed is lower than €300,000 or €1000 for amounts above this value. Payment of the admission fees may be made by payment or bank transfer into the account under the name of Consejo Superior de Camaras – Corte Española de Arbitraje. (High Council of Chambers – Spanish Court of Arbitration): ES27 0182 2370 4500 00139049. For identification purposes, please enter as your reference the parties involved in the procedure.