Javier Íscar de Hoyos
Managing Partner Iscar Arbitraje
Ana M. Barriga Vega
Senior Associate Iscar Arbitraje
SUMMARY. – I. The Arbitration Procedure. II. The Procedure for the Nullity of the Award. III.- The Appeal for Protection before the Constitutional Court (Amparo). IV.- Relevance of the Ruling by the Constitutional Court nationally and internationally.
With this ruling dated June 15, 2020, the Spanish Constitutional Court (1st Chamber) has accepted an Appeal for Protection against an Order and Ruling issued in Proceedings to set aside an arbitral award No. 63/2016, heard by the Civil and Criminal Chamber of the High Court of Justice of Madrid. The decision, which has already been commented in a number of national and international media, not only validates the autonomy of the parties in arbitration proceedings, which is precisely what the interested parties initially wanted, but also limits and defines the concept of public order in validating the annulment of an award, defending the principle of minimum judicial intervention.
«Spanish ruling curbs judicial review of awards»
Cosmo Sandersen, 20 July 2020
Practitioners have welcomed a landmark ruling by Spain’s Constitutional Court that they say significantly restricts the ability of the judiciary to re-examine the merits of arbitral awards on the basis of public policy.