New Evolution

  • Posted on April 23, 2017 at 11:56 pm

1 Spain already had an Arbitration Act which changes introduced the new regulation? The Arbitration Act is based and inspired in the Arbitration Model Law drawn up by the United Nations Commission for international trade law, on June 21, 1985. Prior to Spain, many countries had already adopted arbitration legislation based on the model arbitration law. In addition, the Arbitration Act aims to adapt to the new evolution of legal traffic, especially in the international trade arena. Thus, the Arbitration Act incorporates technical advances and attends to the new needs of arbitration practice, particularly with regard to requirements of the arbitration agreement and interim measures. 2 What has the award enforceable? Could you give an example? As laid down in article 517 of the code of Civil procedure, the awards (or arbitral decisions) carry entail implementation.

This means that the award can be executed as if a sentence is they were. Without a doubt, this is one of the main novelties of the existing arbitration law with respect to the previous one, because he is allowed to execute the award even when against this action for annulment has been exercised. Requested the action for annulment, the debtor may ask the Court that she knows of the execution, the suspension of the enforcement of the award, provided that pay bail to respond, because most coasts and the damages resulting from the delay in execution, in the terms established in article 45 of the Arbitration Act. 3. What have been the sectors in which the new law has become important? The Arbitration Act is not directed to a specific sector, its objective being a step more to facilitate out-of-court conflict resolution instruments. What it seeks to the Arbitration Act is to promote and extend the use of arbitration as an alternative system of dispute resolution, both in domestic law and international. In addition, it aims to boost agreements is agreed arbitration in which Spain as the place of arbitration is established.

In general, the arbitration is chosen as method of conflict resolution by companies in various sectors, but also, on occasions, individuals undergo arbitration. The most common sectors are construction, energy, trade, telecommunications, maritime and pharmaceutical. 4. How has it benefited the judicial work? Arbitration is not intended as a method of conflict resolution which will benefit the judicial work. He is a method of dispute resolution alternative to the courts which, on occasion, is more beneficial – by the Celerity of the procedures and their character and private private-for certain companies. However, arbitration is not absolutely alien to judicial intervention. In the arbitration are quite the occasions in which, well the parties, either referees, have to go to court. In particular, we refer to the cases of appointment of arbitrators (in the event the parties so what) they are provided for, or precisely not planned it and would not agree), precautionary measures and judicial assistance to the practice tests.

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