SPAIN Law and Practice Contributed by: Daniel Jiménez García, SLJ Abogados
draw adverse inferences from a failure to produce documents or to make a witness available, and it may reflect non-compliance in its allocation of costs. In practice, these are sufficient in the great majority of cases. Non-Parties The tribunal cannot compel a third party at all. Article 33 of the Arbitration Act allows the tribunal, or a party with the tribunal’s approval, to apply to the competent court of first instance for judicial assistance in tak - ing evidence. The court may then order production or the attendance of a witness using its own coercive powers, and may either take the evidence itself and transmit it to the tribunal or allow the tribunal and the parties to participate. Practical Note Applications under Article 33 are relatively uncommon. Article 24 (2) of the Arbitration Act obliges the arbi - trators, the parties and the arbitral institutions to keep confidential the information they come to know through the arbitral proceedings. The duty covers the existence of the arbitration, the pleadings, the docu - ments produced and the award. Limits The duty is not absolute. Disclosure is permitted where it is required by law, by a public authority act - ing within its powers or where it is necessary to pro - tect or enforce a legal right – most obviously in set- aside, recognition or enforcement proceedings. Court files in set-aside proceedings are in principle public, and High Court and Constitutional Court judgments are published, so a party contemplating annulment should assume that the substance of the dispute may become public. Practical Drafting Point Because the statutory duty is framed in general terms and does not expressly extend to witnesses, experts, funders or non-parties, parties who place a high value 9. Confidentiality 9.1 Extent of Confidentiality A Statutory Duty
on confidentiality should supplement it with a tailored confidentiality agreement or a procedural order at the first case management conference.
10. The Award 10.1 Legal Requirements Formal Requirements
Under Articles 34 to 37 of the Arbitration Act, the award must be in writing and signed by the arbitrators, who may record their dissent. The award must state the reasons on which it is based, unless it records a settlement or the parties have agreed otherwise, and must state the date and the seat, and rule on costs. What “Reasoned” Means The duty to give reasons is not the same as the duty owed by a court. The Constitutional Court has held that a supervisory court may verify that reasons exist but may not assess their adequacy, sufficiency or persua - siveness, and that unless the parties have agreed par - ticular requirements as to reasoning, the sufficiency of the reasons cannot be derived from their agreement. In its 2026 plenary case law, the Court confirmed that an award that does explain its reasoning – even briefly, and even on a heavily contested quantum issue – can - not be characterised as unreasoned merely because it does not rehearse every expert report. Time Limits Article 37 (2) sets a default time limit of six months from the filing of the statement of defence, or from the expiry of the time for filing it. The parties may agree otherwise, and the tribunal may extend the period by up to two further months by reasoned decision unless the parties have agreed to the contrary. Institutional rules commonly provide their own timetable, and expi - ry of the period does not of itself invalidate the award, although it may expose the arbitrators to liability. Correction and Notification The award must be notified to the parties in the agreed form. Within ten days of notification, a party may request correction of clerical errors, clarification, a supplementary award on omitted claims or rectifica - tion of an excess of authority, under Article 39. Some
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