SPAIN Law and Practice Contributed by: Daniel Jiménez García, SLJ Abogados
Duration Timelines are competitive and getting shorter. CAM reported an average duration of 10.65 months in 2025, once two exceptional cases are excluded, and CIIAM cases typically run to around 15 months, with expedit - ed proceedings concluding in under 11 months. The CEA’s new hyper-abbreviated procedure goes further, requiring the award within three months of the state - ment of claim for straightforward disputes, and the CEA has also extended the period for requesting cor - rection, clarification or a supplementary award from ten to 15 days. 7.3 Powers and Duties of Arbitrators Duties Arbitrators must: • be and remain independent and impartial under Article 17; • treat the parties equally and give each a full oppor - tunity to be heard under Article 24; • keep the information they receive confidential under Article 24 (2); and • render the award within the applicable time limit under Article 37. Article 21 makes arbitrators and institutions liable in damages for loss caused in bad faith, recklessly or with wilful misconduct, and requires them to hold liability insurance. Powers Arbitrators rule on their own jurisdiction, decide the admissibility, relevance and weight of evidence under Article 25, appoint tribunal experts under Article 32, order interim measures under Article 23, seek court assistance in taking evidence under Article 33 and allocate costs. They may also correct, clarify and sup - plement the award under Article 39. 7.4 Legal Representatives No Local Qualification Requirement There is no general requirement that counsel in an arbitration seated in Spain be qualified in Spain or be a member of a Spanish Bar, and international teams appear regularly in Madrid-seated cases. However, where Spanish substantive law governs the dispute, representation must be provided by a Spanish-quali -
ally, the 2026 ICC Rules apply from 1 June 2026 and tighten the position on: • new claims after the case management confer - ence; • electronic communication; and • funder disclosure. Soft Law The IBA Rules on the Taking of Evidence in Inter - national Arbitration are used routinely, and the CEA Code of Good Arbitration Practice is a familiar refer - ence point on conduct. Guidance on the use of artifi - cial intelligence in arbitration, including the Chartered Institute of Arbitrators (CIArb) Guideline with its model clause and model procedural order, is beginning to feature in procedural orders. 7.2 Procedural Steps Mandatory Steps The Act prescribes very little. Article 24 requires equal treatment and a full opportunity to present one’s case; Articles 29 and 30 require statements of claim and defence and provide that a hearing must be held if either party requests one, unless the parties have agreed on a documents-only procedure. Beyond that, the sequence is a matter for the parties and the tri - bunal. Typical Sequence A Spanish-seated arbitration will normally proceed through: • a request for arbitration; • an answer to the request (including, where applica - ble, notice of any counterclaim); • constitution of the tribunal; • a case management conference and procedural order; • exchange of memorials with documents and wit - ness and expert evidence; • a limited document production phase; • an evidentiary hearing with cross-examination; • post-hearing briefs and costs submissions; and • the award.
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