SPAIN Law and Practice Contributed by: Daniel Jiménez García, SLJ Abogados
appropriate security. The Act deliberately does not list the available measures, giving tribunals wide latitude. Binding Effect Interim measures are binding, not recommendatory. Article 23 (2) provides that decisions on interim meas - ures are subject to the same rules on annulment and enforcement as awards, which means a party can take a tribunal-ordered measure to the court of first instance for enforcement. Typical Measures In practice, tribunals order the preservation of assets and evidence, prohibitions on disposing of shares or assets, orders to maintain or restore the contractual status quo and orders restraining calls on bank guar - antees. Measures affecting third parties are outside the tribunal’s reach and require court assistance. 6.2 Role of Courts Concurrent Jurisdiction The courts have concurrent jurisdiction. Article 11 (3) of the Arbitration Act confirms that an arbitration agreement does not prevent a party from applying to the court for interim measures, and Article 722 of the Civil Procedure Act allows an application before or during the arbitration. Applying to court is not a waiver Spanish courts can grant interim relief in support of arbitrations seated abroad. Article 722 of the Civil Procedure Act expressly contemplates measures in aid of foreign arbitration and foreign proceedings, and Organic Law 1/2025 amended Articles 727 and 730 in this area, including for cases where an appropriate means of dispute resolution is being attempted. The full range of measures under Article 727 is available, including attachment of assets, judicial administra - tion, orders to cease conduct and the preservation of evidence, which makes Spain a useful jurisdiction for asset-preservation applications where the respondent of the arbitration agreement. Foreign-Seated Arbitrations
the emergency arbitrator regime for parties needing relief before the tribunal is constituted. Court Intervention After Appointment The appointment of an emergency arbitrator does not oust the courts. A party may still apply to the Spanish courts for interim measures, and in practice parties do so where enforcement against assets or third parties is required. 6.3 Security for Costs Tribunal’s Power The Arbitration Act does not empower the tribunal to order security for costs as such. What Article 23 does allow is for the tribunal to require security in connec - tion with interim measures, so as to cover the dam - ages that the measure may cause to the respond - ent if the claim ultimately fails. Courts and tribunals may therefore require the applicant to post a bond or guarantee before granting provisional relief, but this secures potential harm from the measure itself, not the counterparty’s legal costs in the arbitration. Title V of the Arbitration Act governs procedure. Article 25 gives the parties freedom to agree the procedure and, failing agreement, gives the tribunal discretion to conduct the arbitration as it sees fit, subject to the mandatory guarantees in Article 24 of equality, the right to be heard and adversarial process. Institutional Rules Most international arbitrations seated in Spain are administered, and the institutional rules supply the operative detail. This has been a period of intense institutional reform. The CAM Rules in force since 1 January 2025 were revised to align with the CIIAM Rules, so that international matters can be referred between the two institutions with minimal friction. The CEA published new Rules on 4 November 2025, in force from 1 January 2026, restructured around proce - dural deadlines, a new hyper-abbreviated procedure and an optional challenge to the award. Internation - 7. Procedure 7.1 Governing Rules Statutory Framework
holds Spanish assets. Emergency Arbitrators
This point is dealt with by institutional rules. CIIAM, CAM, CEA and CIMA all provide for emergency arbi - trator proceedings. The 2026 ICC Rules also clarify
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