SPAIN Law and Practice Contributed by: Jose Piñeiro, Natàlia Ros and Laura Martín, Cases & Lacambra
13.4 Consolidation The SAA does not regulate the possibility for an arbi - tral tribunal or court in Spain to consolidate several separate arbitration proceedings. However, the fact that this aspect is not regulated does not mean that it is prohibited, since it will depend on the procedural rules agreed upon by the parties, in accordance with Article 26 of the SAA. In this sense, the Madrid International Arbitration Cen - tre provides for the consolidation of several arbitration proceedings. In conclusion, the agreement of the parties and the internal regulations of the arbitration institution in which the arbitration is being administered must be followed.
13.5 Binding of Third Parties It must be taken into account that the scope of the award must be limited to the parties who entered into the arbitration agreement and who participated in the arbitration process. An award does not have effects on third parties who were not able to exercise their right of defence within the arbitration process itself. When the effects of the award are intended to be extended to third parties who did not participate in the arbitration, they must challenge the award through constitutional channels, as long as there is a direct impact and they affect their constitutional rights. However, there are certain cases in which it has been admitted that arbitration agreements may affect non- signatories if they have a close and strong relation - ship with the signatories or play a relevant role in the execution of the contract submitted to arbitration.
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