SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Carmen Serrano, López-Ibor DPM
tration remaining the preferred method of ADR, given that this practice was already well established. 12.2 ADR Within the Legal System Although OL 1/2025 sets out multiple forms of ADR (see 3.1 Rules on Pre-action Conduct ), this does not repeal of specific legislation governing conciliation or mediation. OL 1/2025 itself includes references to such laws, such as Law 5/2012, of 6 July, on Mediation in Civil and Commercial Matters and Law 15/2015, of 2 July, on Voluntary Jurisdiction (Article 14 OL 1/2025). 12.3 ADR Institutions Spain has several institutions that offer and promote ADR. Aside from the Arbitration Tribunal of Barce- lona, the most relevant are located in Madrid and are focused on arbitration – the European Arbitration Association, Court of Arbitration of Madrid (CAM); the Civil and Commercial Court of Arbitration (CIMA); and the Spanish Court of Arbitration (CEA). On 16 October 2019, the establishment of the Inter- national Arbitration Centre of Madrid (CIAM) was announced. The CIAM is the result of the merger of the international activities of the three most prominent arbitration institutions in Spain – CAM, CIMA and the CEA. As of 1 January 2020, the CIAM is competent to administer two types of international arbitrations arising from new arbitration agreements: firstly, those arising from agreements in which the parties directly designate CIAM as the administering court, and sec- ondly, those arising from agreements between parties to submit to arbitration administered by CAM, CIMA or the CEA. In 2020, CAM created the Centre of Mediation of Madrid, which is focused on promoting mediation in Spain.
in the absence of provisions by the corresponding court’s rules. The enforcement of arbitral awards rendered in Spain is carried out in accordance with the SCPA in the same terms as a court judgment. With respect to foreign arbitral awards, their enforce- ment in Spain is subject to their prior recognition in the country through the procedure set out in the New York Convention of 1958. OL 1/2025 did not amend the 2003 Spanish Arbitra- tion Act but introduced co-ordination mechanisms between arbitration and other MASC procedures. Specifically, its Additional Provision Three provides for the creation of a public registry of MASC entities, which may include arbitration institutions accredited to administer or collaborate in pre-litigation resolution schemes. 13.2 Subject Matters Not Referred to Arbitration Arbitration in Spain only can extend to civil and private matters subject to the parties’ consent. It is under- stood that this limitation excludes arbitration in labour, administrative and criminal matters, as well as in civil issues involving public interest (family law, compe- tency, etc). 13.3 Circumstances to Challenge an Arbitral Award Arbitral awards in Spain may only be set aside (annulled) in very specific circumstances, if the chal- lenging party alleges and duly proves that: • the arbitration agreement does not exist or, if it does exist, is null and void; • the applicant has not been notified about the appointment of an arbitrator or about any order, or the applicant has not been able to exercise its rights; • the arbitrators have ruled on matters beyond the scope of their power; • the appointment of the arbitrators and/or the proceeding is in breach of the parties’ agreement or, failing the parties’ agreement, is contrary to the SAA;
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
Arbitrations conducted in Spain are regulated by the 2003 Act on Arbitration (SAA), which applies only
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