Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
Spain
The Arbitration Act includes no provisions on this. Nonetheless, this does not necessarily mean that the consolidation of separate arbitrations into a single arbitration proceeding is forbidden. It depends on whether the procedural rules agreed by the parties (Article 26.1) allow for such consolidation. In Spain, the regulations of several courts of arbitration contain provisions on the consolidation of arbitration proceedings (eg, those of the Corte de Arbitraje de Madrid and the Corte de Arbitraje del Ilustre Colegio de Abogados de Madrid).

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Spain
The Arbitration Act includes no provisions on this. Nonetheless, this does not necessarily mean that the joinder of additional parties to an arbitration that has already been commenced is forbidden. It depends on whether the procedural rules agreed by the parties (Article 26.1) allow for such joinder. In Spain, the regulations of several courts of arbitration contain provisions on the joinder of additional parties (eg, those of the Corte de Arbitraje de Madrid and the Corte de Arbitraje del Ilustre Colegio de Abogados de Madrid).

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Spain
No. On the ground of being a contract, the arbitration agreement cannot bind third parties (rule of the res inter alios acta). Third parties can be bound by an agreement only when they accept to be so, in which case they cease to be third parties.

In the case of assignment of an agreement that includes an arbitration clause, in principle, the assignee will be bound by the assigned agreement as a whole - that is, under the exact terms as the assignor - and as such will also be bound to submit a dispute to arbitration as foreseen by the arbitration clause. Nonetheless, this will depend on what the law applicable to the agreement, which is that applicable to the assignment, provides on the subject.

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