SPAIN Law and Practice Contributed by: Jose Piñeiro, Natàlia Ros and Laura Martín, Cases & Lacambra
tance of the competent court in the submission of evidence, in accordance with Article 33 of the SAA. In this regard, with respect to the possibility of one party disclosing documents to the other party or the arbitrator, it should be noted that the parties may fix the rules and scope of disclosure by mutual agree - ment, which must be approved by the arbitrator. 8.2 Rules of Evidence According to the SAA, the parties and the arbitrator will have full freedom and flexibility in the evidence phase. Thus, as long as the principles of equality and contradiction are complied with, there is no differ - ence between international arbitration and national proceedings. In this regard, if the arbitration is administered by an arbitral institution, the rules of evidence could be those established by that particular institution. On the other hand, if the arbitration is an ad hoc arbi - tration and the parties have not agreed on the rules of evidence, the arbitrators shall determine how it is to be regulated, provided that the principle of equal treatment is granted. 8.3 Powers of Compulsion According to Article 33 of the SAA, the assistance of the courts in the collection or submission of evidence may be requested whenever necessary. It is the first instance court of the place of arbitration or of the place where the assistance is requested that will assist the parties or the arbitrators in the taking of evidence. Such assistance may consist of the col - lection or submission of evidence by the court itself or the adoption of specific measures to enable the collection or submission of certain evidence.
and documentation provided for in the arbitration proceedings. The principle of confidentiality affects both the infor - mation and documentation related to the merits of the case, as well as the documentation and evidence related to the arbitration proceedings.
10. The Award 10.1 Legal Requirements
The legal requirements for an arbitral award to be valid and enforceable in Spain are set forth in Article 37 of the SAA. They can be summarised as follows: • The time limit for rendering the award is six months from the filing of the statement of defence or from the expiration of the time limit for filing it, unless otherwise agreed. • The award must be made in writing and signed by the arbitrators. • The award must include a statement of the reasons on which the decision is based, unless it is ren - dered by termination by mutual agreement of the parties. • The award must contain a specific decision on the costs of the arbitration. • The award must be expressly notified to the par - ties, in the manner and within the period agreed by the parties or, failing this, by delivery of a signed copy of the award to each party. The six-month period for delivery of the award, unless otherwise agreed, may be extended in a duly justified manner by the arbitrators for a period not exceeding two months. 10.2 Types of Remedies As to the types of remedies that an arbitral tribunal may award, arbitrators can award both declaratory relief and monetary compensation. At the same time, arbitrators have the possibility of ordering the specific performance of a contract by one of the parties or the pursuit of a certain action.
9. Confidentiality 9.1 Extent of Confidentiality
Article 24.2 of the SAA expressly establishes that the arbitrators, the parties, and the arbitral institutions must respect the confidentiality of the information
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