Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Spain
No. The law includes no restrictions in this respect. While some disputes are not arbitrable, as set out in Article 2.1 of the Spanish Arbitration Act (matters which are not within the free disposition of the parties), there are no restrictions on the parties. All persons can be a party to an arbitration regarding matters not excluded from arbitration.

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
5.2
Are the parties under any duties in relation to the arbitration?
 
Spain
The only duty imposed on the parties is that of confidentiality regarding any information that comes to their knowledge in the course of the arbitration proceedings (Article 24.2 of the act).

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Spain
No. There are no specific provisions on multi-party disputes, with the exception of a reference in Article 15.1 of the Arbitration Act on the appointment of arbitrators. Nonetheless, this in itself does not mean that a multi-party disputes cannot be resolved through arbitration. Rather, it means that when, under an arbitration agreement, a multi-party dispute is to be heard in arbitration, the arbitrators will need to set rules applicable to any joint litigation issues or apply the regulations governing their court. While Spanish law includes no rules on multi-party disputes, the regulations of several courts of arbitration do include such provisions (eg, those of the Corte de Arbitraje de Madrid and the Corte Civil y Mercantil de Arbitraje).

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