Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Spain
For a dispute to be arbitrable in Spain, the only prerequisite is that the place of arbitration, as chosen by the parties or the arbitrators, be in Spain. Therefore, neither the parties nor the dispute need to have any connection with Spain for the dispute to be arbitrable in Spain; it lies in the parties’ full discretion to have the dispute arbitrated in Spain.

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Spain
Pursuant to Article 26.1 of the Arbitration Act, the parties are free to agree on the place of arbitration without restriction. Failing such agreement, this will be determined by the arbitrators, having regard to the circumstances of the case and the convenience of the parties.

Notwithstanding the place chosen for arbitration under this provision, the arbitrators may, unless the parties have agreed otherwise, meet at any place they deem appropriate to hear witnesses, experts or the parties, inspect goods or documents, or examine persons. Arbitrators may hold consultation meetings at any place they deem appropriate (Article 26.2).

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores