Arbitration proceeding

Arbitration proceedings will start with the filing of a request for arbitration before the Spanish Court of Arbitration.  As a general rule, all communications are by email other than in exceptional circumstances. You can send your request for arbitration to  arbitraje@camara.es 

Contents

The request for arbitration must include at least the following information:

1. Claimant and respondent identification and contact details.
2. Claimant representative identification and contact details.
3. A brief description of the dispute. 
4. The relief sought and the amounts in dispute. If the amount in dispute cannot be determined, it will provisionally be classified as undetermined. 
5. The act, contract or legal transaction giving rise to the dispute.
6. The arbitration agreement that is invoked.
7. A proposal as to the number of arbitrators, language and place of arbitration, if there is no previous agreement or it is sought to amend the previous agreement.
8. If the arbitration agreement provides for the appointment of a three-member tribunal, designation of the arbitrator that the claimant is entitled to choose, stating their full name and contact details.
9. If any third party has provided funding or funds related to the outcome of the arbitration, this must be disclosed, along with the identity of the funding party.
10. Laws applicable to the substance of the dispute.

The request for arbitration must be accompanied by at least the following documents:

1. Copy of the arbitration agreement or of the communications in which it is recorded. 
2. Copy of the main contacts or instruments from which the dispute arises. 
3. Record of payment of the €1,000 filing fee. Payment is made by bank transfer to Cámara de Comercio de España - Corte Española de Arbitraje, to the following account number: BBVA- ES47 0182 2370 40 0201569522 

The respondent will file the answer to the request for arbitration within 20 days following receipt of notification.

The answer to the request for arbitration must include at least the following information:

1. Respondent identification and contact details.
2. Respondent representative identification and contact details.
3. Brief pleadings and position on the dispute raised by the counterparty.
4. Any objection to the existence, validity or applicability of the arbitration agreement.
5. Position on claimant’s proposed number of arbitrators, language and place of arbitration.
6. If the arbitration agreement provides for the appointment of a three-member tribunal, designation of the arbitrator that the claimant is entitled to choose, stating their full name and contact details.
7. Position on laws applicable to the substance of the dispute.
8. If any third party has provided funding or funds related to the outcome of the arbitration, this must be disclosed, along with the identity of the funding party.
9. Notice of counterclaim, if applicable.

The answer to the request for arbitration must be accompanied by at least the document appointing the party’s representatives in the arbitration, signed by the party.

If a counterclaim is filed, it must include a brief description of the dispute, the relief sought and the amount in dispute. The notice of counterclaim must be accompanied by the record of payment of the €1,000 filing fee.

The claimant may file a preliminary answer to the counterclaim within 10 days following receipt of notification.

The answer must include at least the following information:

1. Brief pleadings and position on the respondent’s counterclaim.
2. Position on applicability of the arbitration agreement.
3. Position on laws applicable to the substance of the dispute.

The parties are free to agree on the number of arbitrators, their required qualifications and the procedure for their appointment. In the absence of agreement between the parties, it will be for the Arbitrator Appointment Committee to determine the number of arbitrators and their appointment based on objective, transparent and inclusive criteria that ensure the arbitrators have the integrity, expertise and appropriate professional qualifications to rule on the matters in dispute.

Following appointment of the sole arbitrator or constitution of the arbitral tribunal and upon consultation with the parties, the arbitrators will issue terms of reference that will establish at least the following:

1. Identification and contact details for all participants in the proceeding.
2. Summary outline of claims, amount in dispute and list of issues in dispute to be resolved by the arbitrators.
3. Language and place of arbitration, as well as laws applicable to the substance of the dispute.

A first procedural order establishing the procedural timetable will be issued together with the terms of reference.

Unless provided otherwise in the procedural timetable, the arbitrators will grant the claimant a period of 30 days to submit its statement of claim.

The claimant must state the following in its statement of claim: (a) its specific requests for relief; (b) the facts and legal grounds on which its requests are based; and (c) a schedule of the evidence on which it seeks to rely.

In addition, the statement of claim must be accompanied by all documents, witness statements and expert reports intended to be used to support the claimant’s requests.

Unless provided otherwise in the procedural timetable, the arbitrators will grant the respondent a period of 30 days to answer the statement of claim. The answer must conform to the terms established for the statement of claim.

Failure to answer the statement of claim will not prevent the arbitration from proceeding as normal.

In the same statement as the answer to the claim or in a separate brief if so specified, the respondent may file a counterclaim. The counterclaim must conform to the terms established for the statement of claim.

Within the time period established in the procedural timetable or, failing this, within a period of 30 days from the day after receipt of the answer to the statement of claim, the other party may file an answer to the counterclaim. This answer must conform to the terms established for the answer to the statement of claim.

When it has been determined that only one round of pleadings will be submitted, the claimant will have a period of 10 days following the answer to propose additional evidence to counter the evidence presented by the respondent in its submission.

The respondent will then have a period of 10 days to submit evidence that is strictly limited to what is necessary to counter the additional evidence presented by the claimant.

The arbitrators may resolve the dispute based on the documents and other evidence provided by the parties, unless either party asks for a hearing.

It is for the arbitrators to decide via procedural order on the admission, relevance and usefulness of the evidence that is proposed or determined ex officio, after hearing the parties.

Hearings will be called with reasonable advance notice and may be held in person or remotely. Hearings will be directed exclusively by the arbitrators, who will agree establish the rules for conducting the hearing with the parties before the hearing is held.

When the hearing has finished or the final pleading has been received if no hearing is to be held, the arbitrators will ask the parties to submit their conclusions.

The arbitrators will rule on the dispute in a single award or in as many partial awards as they deem necessary. The award must be in writing and signed by the arbitrators.

The final award is binding on the parties and has the effect of res judicata. It will be enforceable even when subject to an annulment action.

At the start of the arbitration proceeding, the Spanish Court of Arbitration sets the amount of the advance of funds to be deposited by the parties for the proceeding, so as to cover the arbitrator and court filing and administrative fees.

After the final award has been issued, the Spanish Court of Arbitration sends the parties a statement of the received advances and returns any unused balance in the corresponding proportions.