SPAIN Law and Practice Contributed by: Daniel Jiménez García, SLJ Abogados
The Remaining Friction Point The unresolved question is mandatory EU law. In Deci - sion 66/2021 of 22 October 2021, the TSJM annulled an award because the tribunal had applied Spanish competition law instead of Article 101 of the TFEU. After the Constitutional Court quashed that decision, the TSJM – rather than issuing a fresh judgment – referred questions to the Court of Justice of the Euro - pean Union by order of 20 March 2025, asking it to interpret Articles 47 (1) and 51 (1) of the Charter of Fundamental Rights and Article 19 (1) of the Treaty on European Union in order to determine what a national court’s review must cover where an award is chal - lenged for breach of EU public policy. The court’s president dissented, taking the view that the Constitutional Court’s ruling should simply have been implemented. A second reference followed by order of 27 March 2026, asking expressly whether it is compatible with the primacy, effectiveness and unity of EU law for judicial control of an award for breach of fundamental EU public policy rules to be limited by the doctrine of Constitutional Court Judgment 146/2024. Neither reference has yet been decided. Practical Guidance Until the Court of Justice rules, parties arbitrating dis - putes with a competition or other mandatory EU law element in Spain should ensure the tribunal engages expressly and visibly with the EU law dimension.
putes. (ICSID) Convention and a number of bilateral treaties on judicial co-operation, several of them with Latin American states. Within the EU, Regulation (EU) No 1215/2012 (the “Brussels I Recast Regulation”)
excludes arbitration from its scope. 12.2 Enforcement Procedure Domestic Awards
A Spanish award is directly enforceable. The success - ful party applies to the court of first instance of the place where the award was rendered under Article 545 of the Civil Procedure Act, and enforcement proceeds as it would for a final judgment. A pending set-aside application does not suspend enforcement, although the respondent may apply for suspension against security under Article 45 of the Arbitration Act. Foreign Awards Foreign awards require recognition (exequatur) before the Civil and Criminal Chamber of the competent High Court of Justice under the New York Convention and, procedurally, Law 29/2015 on International Legal Cooperation in Civil Matters. The applicant files the authenticated original, or a certified copy, of the award and of the arbitration agreement, with a sworn trans - lation into Spanish. Once recognised, enforcement is carried out by the court of first instance. Awards Set Aside at the Seat Annulment at the seat is a discretionary, not man - datory, ground for refusal under Article V(1)(e) of the Convention, and the Spanish courts read it as such. In practice, a properly annulled award will not be rec - ognised, but the court retains a discretion and will consider the nature of the annulment decision. Pending Set-Aside Proceedings at the Seat Where set-aside proceedings are pending at the seat, Article VI of the Convention allows the court to adjourn the decision on enforcement. Spanish case law reflects divergent approaches on whether this suspension power applies at the recognition (exequa - tur) stage or only at the enforcement phase, with the majority view (TSJ Catalonia, TSJ Andalusia) limiting it to enforcement, while a recent TSJ Madrid ruling accepted its application at recognition on an excep - tional basis.
12. Enforcement of an Award 12.1 New York Convention The New York Convention
Spain ratified the New York Convention on 12 May 1977, without reservation. Spain therefore applies the Convention universally: it recognises awards made in any state, whether or not a contracting party, and applies it to commercial and non-commercial matters alike. This is one of the most favourable enforcement
regimes in Europe. Other Instruments
Spain is also a party to the 1961 European Conven - tion on International Commercial Arbitration, the 1965 International Centre for Settlement of Investment Dis -
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