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:

New arbitration rules

which incorporate the most up-to-date trends in arbitration, as well as addressing the criticisms made concerning its functioning and that of other arbitration institutions, bringing together opinions of the main arbitration bodies, offices, companies, boutique firms specializing in arbitration, nationally prestigious arbitrators, academics, experts in procedural law, judges etc.

Open panel of arbitrators

including high-prestige professionals from the legal, finance and judicial fields: Retired Supreme Court judges, Presidents of the Regulatory Authorities, Ministers, Secretaries of State, State Lawyers, Lawyers from the State Council, Academics in Procedural Law, Civil Law and Commercial Law, Managing Directors of all the large national and international offices and of boutique firms specializing in specific disciplines with wide experience in providing consultation to IBEX 35 companies, Secretaries of the main IBEX 35 companies, specialist lawyers recommended by the large professional and business associations, all experienced in national and international arbitration.

Cutting-edge procedure for the appointment of arbitrators

with respect to the other national Courts of arbitration, when parties are unable to agree on appointment of the arbitrators, establishing a model for appointment followed by the Netherlands Arbitration Institute and the World Intellectual Property Organization (WIPO), reporting to the United Nations. This model involves submitting to the parties a list of arbitrators appropriate for the matter under dispute, on which the parties mark those names to which they object and express their preferences in relation to the remaining names, the arbitrators preferred by the parties being automatically appointed; this system provides the best guarantees in appointment of the arbitrators as well as the maximum transparency in their appointment.

Preferential use of electronic communication

saving on costs of travel, hotels, messengers, lawyers and printing.

Facilities provided with audio and video recording systems

for the hearings as well as the possibility of carrying out video conferences resulting in savings on costs of travel and lodgings.

Flexibility in the conduct of the hearings

together with experienced arbitrators allows for more simplicity in the conduct of the hearings and gives priority to the parties' agreement on the conduct of the proceedings which enables the legal consultant of the company itself to manage the arbitration process. This saves on the costs that would be caused by outsourcing the procedure even to the national office, or, in the case of foreign institutional arbitration, to the ICC, LCIA, on contracting a national office as well as another firm at the seat of arbitration, with the accompanying exponential increase in legal costs.

Prior monitoring of the arbitration award

by the Court itself: Prevents important aspects such as interest, costs, etc. being omitted from the award.

Support of the arbitrations

from the Secretary General achieving arbitrations of medium difficulty in five months.

Promoting mutual agreement in the appointment of an arbitrator

through a reduction in the arbitrator's fees, a system used in the AAA (American Association of Arbitration), with the consequent cost savings for the companies participating in the arbitration.

Establishment of a summary proceedings

(with a value of less than €300,000) and a speed proceedings for arbitrations which are more straightforward or more urgent (interpretative matters).

Calculation of the administration fees

taking into account the inclusion of the standard arbitration clause in in the commercial practice of the company.

Assignment of resolution to the Court

for incidents relating to the challenge of arbitrators removing any doubt that may arise from the arbitrators themselves being called on to make a decision on their own independence or impartiality.

Regulation on acquiring and intervention of third parties

who were not originally the claimant and respondent.

Creation of a list of Court experts.

Progressive criteria for the imposition of costs: LCIA model.

It is to be expressly established that the obligation of confidentiality extends also to partial awards

Emergency arbitration

Second instance arbitration