Spain has a long-standing tradition of using arbitration as an alternative to the courts for resolving disputes. This tradition notably dates all the way back to the Cádiz Constitution of 1812, article 280 of which stated that “no Spanish citizen may be deprived of the right to settle their disputes through arbitral authorities chosen by both parties.”The Chambers of Commerce, Industry, Services and Shipping have traditionally acted as fundamental pillars of arbitration, working to develop, spread and professionalise the mechanism as a driver for business competitiveness and an effective and secure dispute resolution tool.The Spanish Court of Arbitration was founded pursuant to the legal mandate granted to the old National Council of Chambers of Commerce, Services, Industry and Shipping under Royal Decree 1094/1981 of 22 May. It was the first arbitral institution in Spain. History of arbitration in Spain 1953 Law of 22 December 1953 regulating private-law arbitration First arbitration legislation in Spain. Excluded the possibility of engaging a third party to appoint arbitrators, meaning that there was no institutional arbitration in Spain while this law was in force. 1975 European Convention on International Commercial Arbitration of 1961 Ratified by Spain on 4 October 1975. 1977 Convention on the Recognition and Enforcement of Arbitral Awards of 1958 Ratified by Spain on 11 July 1977, representing an initial - albeit indirect - recognition of institutional arbitration. 1988 Law 36/1988 of 5 December on Arbitration Express and full recognition of institutional arbitration. 2003 Law 60/2003 of 23 December on Arbitration Confirming legislative recognition of institutional arbitration on relatively similar terms to its predecessor. 2011 Law 11/2011 of 20 May reforming Law 60/2003 of 23 December on Arbitration and regulating institutional arbitration through Spanish central government Expressly defining as arbitral institutions the quasi-public bodies and public entities that can perform arbitral functions, according to its regulations. History of the Spanish Court of Arbitration 1981 Royal Decree 1094/1981 of 22 May on International Commercial Arbitration through the National Council of Chambers of Commerce, Services, Industry and Shipping Foundation of Spanish Court of Arbitration. 1982 Rules and Bylaws of the Spanish Court of Arbitration of 23 November 1982 Approval of first Rules and Bylaws of the Spanish Court of Arbitration. President of Spanish Court of Arbitration Mr Bernardo María Cremades, first president of the Spanish Court of Arbitration. General Secretary of Spanish Court of Arbitration Mr José Luis Roca, first general secretary of the Spanish Court of Arbitration. 2004 Rules and Bylaws of the Spanish Court of Arbitration of 26 March 2004 Approved on the entry into force of Law 60/2003 of 23 December on Arbitration. 2009 New General Secretary of Spanish Court of Arbitration Mr Pablo Poza, general secretary of the Spanish Court of Arbitration. 2010 New President of Spanish Court of Arbitration Mr Jaime Montalvo, president of the Spanish Court of Arbitration. 2011 Rules of the Spanish Court of Arbitration of 15 March 2011 and Bylaws of the Spanish Court of Arbitration of 7 December 2011 In view of the reform of Law 60/2003 of 23 December on Arbitration, the Spanish Court of Arbitration reformed its Rules and Bylaws to comply with the legislator’s requirements on transparency in the appointment of arbitrators. New President of Spanish Court of Arbitration Mr Javier Taberna, replacement president in his capacity as vice president. 2016 New General Secretary of Spanish Court of Arbitration Mr Adolfo Díaz-Ambrona, general secretary of the Spanish Court of Arbitration. 2017 Memorandum of Understanding for the unification of courts of arbitration of 18 December 2017. The Madrid Chamber of Commerce, Industry and Services, the Civil and Commercial Court of Arbitration and the Spanish Chamber of Commerce, Industry, Services and Shipping signed a Memorandum of Understanding to create a unified court of arbitration to administer international arbitration proceedings. 2018 New President of Spanish Court of Arbitration Mr Manuel Conthe, president of the Spanish Court of Arbitration. 2019 New President of Spanish Court of Arbitration Ms Elena Otero-Novas, president of the Spanish Court of Arbitration. Rules of the Spanish Court of Arbitration of 15 June 2019 The guiding principle of the review was to bring arbitration at the Spanish Court of Arbitration into line with the most exacting standards of independence, transparency and efficiency, with the ultimate purpose of building and strengthening the trust of users in arbitration. The review also reinforced the promotion of the use of electronic technologies and media. Bylaws of the Spanish Court of Arbitration of 1 September 2019 Introduction of significant updates in terms of transparency and governance of the Spanish Court of Arbitration structured as Plenary Committee, Arbitrator Appointment Committee and Secretary General. 2020 Madrid International Arbitration Center (CIAM-CIAR) The Madrid Association for International Arbitration was created on 25 July 2019 to provide global economic operators with an efficient and expeditious service for resolving international commercial disputes through the Madrid International Arbitration Center (CIAM-CIAR), which started its activities on 1 January 2020. 2022 Rules of the Spanish Court of Arbitration of 1 September 2022 Article 3 of the Rules was amended to enable users and legal operators to determine the international nature of arbitration and its effects. Bylaws of the Spanish Court of Arbitration of 1 September 2022 The Bylaws were amended to delegate to the Secretary General ordinary procedural functions and improve the efficiency, speed and practicality of arbitration proceedings.
