SPAIN Law and Practice Contributed by: Daniel Jiménez García, SLJ Abogados
2. Governing Legislation 2.1 Governing Law The Spanish Arbitration Act
low for a party that refuses to engage without justifica - tion. Commentators reviewing 2025 have treated this as a structural shift in favour of resolving commercial and civil disputes before turning to the courts. Why It Matters for Arbitration The MASC regime does not apply to arbitration pro - ceedings, and parties who have agreed to arbitrate are not required to negotiate before commencing an arbitration. Its relevance is cultural and commercial: it signals a legislative preference for resolving dis - putes outside the courts, and it should reinforce the use of multi-tiered clauses. Organic Law 1/2025 also amended the Professional Companies Act to allow arbitration and other dispute resolution clauses in the constitutional documents of professional firms, and adjusted Articles 727 and 730 of the Civil Procedure Act on interim measures in support of arbitration and The most consequential pending development is not domestic legislation but the two references now before the Court of Justice of the European Union on the permissible scope of judicial review of awards for breach of EU public policy – see 11.3 Standard of Judicial Review . Depending on the answer, the practical balance between award finality and EU law compliance in Spain may shift materially. foreign proceedings. Watch This Space
Arbitration is governed by Law 60/2003 of 23 Decem - ber 2003 on Arbitration (the Spanish Arbitration Act – SAA), which applies to both domestic and interna - tional arbitrations seated in Spain. The Act is closely modelled on the UNCITRAL Model Law, which was a deliberate policy choice designed to align Spanish practice with international standards and make Spain a credible seat. Points of Divergence The divergences are modest but worth recognising. The SAA adopts a monist approach, applying a single regime to domestic and international arbitration, with only limited special rules for the latter under Article 3. Unlike the Model Law, the Act imposes a duty of confidentiality on arbitrators, parties and institutions under Article 24.2. It also sets a default six-month time limit for the award under Article 37.2, running from the statement of defence or the expiry of the time to file it. For arbitrations at law, Article 15.1 (as amended in 2011) requires a sole arbitrator to be a jurist and, where the tribunal consists of three or more arbitra - tors, at least one of them must be a jurist; in both cases the parties may agree otherwise. In practice, international arbitrations seated in Spain routinely dis - apply the requirement by institutional rules or party agreement, giving the parties full freedom to appoint arbitrators of any professional background. 2.2 Changes to National Law No Change to the Arbitration Act There has been no amendment to Law 60/2003 in the past 12 months. The Wider Procedural Reform The more significant development is indirect. Organic Law 1/2025 of 2 January 2025 on measures for the efficiency of the public justice service introduced “appropriate means of dispute resolution” ( medios adecuados de solución de controversias – MASC) into Spanish law. Since 3 April 2025, attempting a MASC is a procedural prerequisite to filing a civil or commercial claim before the courts, and costs consequences fol -
3. The Arbitration Agreement 3.1 Enforceability Formal Requirements
Under Article 9 of the SAA, an arbitration agreement must express the parties’ will to submit to arbitration all or some of the disputes that have arisen or may arise between them in a defined legal relationship. It must be in writing, but “writing” is construed broadly and in line with the UNCITRAL 2006 recommendation. What Counts as Writing The requirement is satisfied by, among other things: • a signed physical document;
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