How to initiate an arbitration procedure before the Spanish Court of Arbitration?
Posted: Mon Dec 23, 2024 4:49 am
Many companies wonder what to do when they have a dispute with another entity arising from a contract formalized or signed between them. A quick, simple, effective and specialized solution is the one provided by the Spanish Court of Arbitration, through the inclusion of a clause of submission to arbitration.
Arbitration and mediation
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Unlike what happens in ordinary jurisdiction, the parties between whom a conflict arises may submit to an arbitration procedure only if they have agreed to do so by signing an arbitration clause included in the contract or an arbitration agreement through which they decide to submit to arbitration all disputes or certain disputes that have arisen or may arise between them with respect to a certain legal relationship, contractual or non-contractual.
The arbitration procedure is initiated by means of a request mexico email arbitration addressed to the Spanish Court of Arbitration, either electronically by means of an email addressed to [email protected] , or in person by means of a written submission to the registry of its headquarters located in Madrid, at Ribera del Loira street number 12.
The request for arbitration must contain:
The complete identity, company name, address, telephone number, email address and any other relevant information of the plaintiff and defendant, which will allow the Court to identify, contact and communicate with them.
The full name, address, telephone number, email address and any other relevant information of the plaintiff's representatives, which will allow the Court to identify, contact and communicate with them.
A brief description of the dispute and, if possible, its amount and the claims being made.
The act, contract or legal transaction from which the controversy arises.
The arbitration agreement that is being invoked.
The proposal on the number of arbitrators, the language and place of arbitration, as well as any other aspect relating to the arbitration procedure.
The appointment of the Arbitration Tribunal
The parties may agree on the number and identity of the arbitrators. Failing such agreement, the Court shall, as a general rule, appoint a single arbitrator by means of a list system in accordance with the order of preference expressed by the parties. Once the appointment of the arbitrators has been confirmed, the Mission Statement shall be drawn up and signed. This document establishes, among other things, the claims of the parties and the procedural timetable that will govern the arbitration procedure.
The award issued is binding on the parties, puts an end to the arbitration procedure and produces res judicata effects.
Admission fees, administration fees and arbitrators' fees
Anyone who initiates an arbitration procedure must pay the fees for opening, registering and studying the arbitration file in accordance with the amount set out in the economic annex of the Court's Regulations.
The administration fees and the arbitrators' fees shall be determined by the Court by applying the tariffs established in the economic annex of the Regulations to the amount of the arbitration procedure and taking into account, in addition, other relevant circumstances such as the true economic interest of the controversy, the complexity of the matter, etc.
Duration of the procedure
In summary proceedings, the award must be issued within three months following the filing of the response to the claim or the response to the counterclaim, as the case may be.
In ordinary proceedings, the award must be issued within five months following the filing of the response to the claim or the response to the counterclaim, as the case may be.
Arbitration and mediation
Image
shutterstock_1321980212.jpg
Unlike what happens in ordinary jurisdiction, the parties between whom a conflict arises may submit to an arbitration procedure only if they have agreed to do so by signing an arbitration clause included in the contract or an arbitration agreement through which they decide to submit to arbitration all disputes or certain disputes that have arisen or may arise between them with respect to a certain legal relationship, contractual or non-contractual.
The arbitration procedure is initiated by means of a request mexico email arbitration addressed to the Spanish Court of Arbitration, either electronically by means of an email addressed to [email protected] , or in person by means of a written submission to the registry of its headquarters located in Madrid, at Ribera del Loira street number 12.
The request for arbitration must contain:
The complete identity, company name, address, telephone number, email address and any other relevant information of the plaintiff and defendant, which will allow the Court to identify, contact and communicate with them.
The full name, address, telephone number, email address and any other relevant information of the plaintiff's representatives, which will allow the Court to identify, contact and communicate with them.
A brief description of the dispute and, if possible, its amount and the claims being made.
The act, contract or legal transaction from which the controversy arises.
The arbitration agreement that is being invoked.
The proposal on the number of arbitrators, the language and place of arbitration, as well as any other aspect relating to the arbitration procedure.
The appointment of the Arbitration Tribunal
The parties may agree on the number and identity of the arbitrators. Failing such agreement, the Court shall, as a general rule, appoint a single arbitrator by means of a list system in accordance with the order of preference expressed by the parties. Once the appointment of the arbitrators has been confirmed, the Mission Statement shall be drawn up and signed. This document establishes, among other things, the claims of the parties and the procedural timetable that will govern the arbitration procedure.
The award issued is binding on the parties, puts an end to the arbitration procedure and produces res judicata effects.
Admission fees, administration fees and arbitrators' fees
Anyone who initiates an arbitration procedure must pay the fees for opening, registering and studying the arbitration file in accordance with the amount set out in the economic annex of the Court's Regulations.
The administration fees and the arbitrators' fees shall be determined by the Court by applying the tariffs established in the economic annex of the Regulations to the amount of the arbitration procedure and taking into account, in addition, other relevant circumstances such as the true economic interest of the controversy, the complexity of the matter, etc.
Duration of the procedure
In summary proceedings, the award must be issued within three months following the filing of the response to the claim or the response to the counterclaim, as the case may be.
In ordinary proceedings, the award must be issued within five months following the filing of the response to the claim or the response to the counterclaim, as the case may be.