Arbitration Links - Linklaters
  • Jurisdiction: Spain

New Ruling by the Madrid High Court of Justice: Arbitration and Public Policy

10 August 2018 Emma Morales, Europe; Spain

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On 5 April 2018, the Civil and Criminal Chamber of the Madrid High Court of Justice (Tribunal Superior de Justicia de Madrid, TSJM) set aside an arbitral award as contrary to public policy, because the challenged award contained “an unreasonable assessment of the evidence and unreasonable failure to apply applicable rules”.

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The parties’ ability to terminate proceedings for the annulment of an arbitration award: recent developments in Spain

06 June 2017 Emma Morales, Europe; Spain

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On 4 April 2017, the Madrid High Court of Justice ("TSJM"), the court in Spain that handles appeals for the annulment of awards, issued two decisions (case numbers 43/2016 and 63/2016) in which it confirms the doctrine already advanced by means of a previous judgment rendered by the same court (judgment of the TSJM dated 28 February 2017 [JUR 2017/ 89938]).

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