Second instance arbitration represents, naturally, a voluntary option.

A survey conducted by the Spanish Court of Arbitration in 2010, across the principal national and international offices based in Spain and the main companies listed on the stock exchange, produced a favourable result on the establishment of a second instance in arbitration (70% in favour against 30% who did not consider it necessary).

Article 39 establishes a second instance procedure where this is agreed in the arbitration clause or by subsequent express agreement. An appeal of full jurisdiction is commenced showing the grounds on which the decision at first instance is challenged, provided the appropriate appeal has been submitted together with the proposals submitted in the first instance which, for whatever reason not attributable to the person who requested them, have not been carried out. These proposals relate to facts which are relevant for the decision of the arbitration and which occurred after the date on which the arbitrators made their award, or before this time, provided that, in the latter case, the party justifies that he only found out about them afterwards.

Example of Arbitration Clause with Second Instance provision


Second Instance Regulation. Article 39