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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Spain
Yes. The courts should refrain from hearing a dispute if there is an arbitration agreement that defers jurisdiction on the same to arbitrators and the defendant files a declinatory plea before the court where the claim is pending (Article 11 of the Arbitration Act).

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Spain
Courts in Spain have no powers in relation to arbitration seated abroad, as the Arbitration Law applies only to arbitrations seated in Spain.

With regard to arbitrations seated in Spain, pursuant to the Arbitration Act, the role assigned to the courts is very limited. The general rule is that no court is allowed to intervene in arbitration, except in relation to matters provided for by the act (Article 7). These matters, as foreseen in Article 8 of the act, are as follows:

  • Appointment of arbitrators: Jurisdiction will reside with the court of first instance at the seat of the arbitration. If the seat has not yet been determined, then jurisdiction will reside with the court of the place of residence of any of the respondents. If none of the respondents has its domicile or habitual place of residence in Spain, then jurisdiction will reside with the court of the domicile or habitual place of residence of the claimant; or if the claimant has no domicile or habitual place of residence in Spain, then with the court of first instance of the claimant’s choice.
  • Assistance in the taking of evidence: Jurisdiction will reside with the court of first instance of the place where the assistance is to be provided, in terms that follow the rules foreseen in Article 33 of the Arbitration Act.
  • Interim measures: Jurisdiction will reside with the court with jurisdiction at the place where the award is to be enforced or, failing that, with the court at the place where the measures are to carry legal consequences, in accordance with Article 724 of the Civil Proceedings Act 2000.
  • Enforcement of the award: Jurisdiction will reside with the court of first instance of the place where the award was given.
  • Application to set aside an award: Jurisdiction will reside with the provincial court of appeal with jurisdiction over the place where the award has been given.
  • Recognition of foreign awards: Jurisdiction will reside with the civil and criminal chamber of the regional high court of the region where the party whose recognition is requested or where the person affected by such awards or decision has its place of business; and subsidiarily with the respective court at the place of enforcement of such arbitral awards or decisions, or the place where they are to carry legal consequences.
For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
9.3
Can the parties exclude the court's powers by agreement?
 
Spain
No. The powers of the courts, as foreseen in the Arbitration Act, are mandatory and as such are immune from any sort of exclusion agreed by the parties.

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