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The article "The Technological Competence of Arbitrators: A Comparative and International Legal Study" by Katia Fach, published in the European Yearbook of International Economic Law, addresses the need for technological training of arbitrators in the national and international context. The author, an expert in private international law, highlights the importance of technology in commercial and investment arbitration. The study analyzes the definition of technological competence, its legal and financial relevance, who should possess it, where it is regulated, and when arbitrators should be technologically competent. [Extracted from the article]

In the past decade, blockchain technology has given rise to several dispute resolution mechanisms. This article aims to specifically analyse the application of block- chain in arbitration and the procedural challenges that it presents. The use of blockchain in arbitration raises an intriguing possibility for recognising and enforcing decisions before state courts. This aspect will be critically explored at the closing paragraphs. [ABSTRACT FROM AUTHOR]

Confidentiality is of the utmost importance for the well-functioning of ADR methods, so it is necessary that all the information that falls within its protection remains effectively undisclosed. However, at the same time, we must bear in mind that ADR do not exclude the jurisdiction, but they only try to avoid it. As a result of that, it is noticed a potential conflict of interests that, in the framework of a civil procedure or an arbitration, might be produced between confidentiality and the right to evidence. In that context, the present paper analyses and pretends to answer some of the questions that said conflict of interests poses. In this way, first of all, it is attempted to delimit the object and the scope of the principle of confidentiality Further on, some of the problematic questions that the submitting of evidence in breach of due confidentiality are examined, with especial regard in its inadmissibility. [ABSTRACT FROM AUTHOR]

The article is an obituary titled "Miguel Angel Fernández-Ballesteros In memoriam". The author, José Mª Rifá Soler, remembers Miguel Ángel Fernández-Ballesteros López, a professor of Procedural Law, who passed away on January 18, 2022. The article highlights Fernández-Ballesteros' academic and professional trajectory, his dedication to the study and practice of arbitration, and his contribution to the development of international arbitration in Madrid. It also mentions his unfinished work on "Judges and Arbitrators" and his passion for reading and sailing. The article concludes by emphasizing the personal affection, professional respect, and recognition of his colleagues towards Fernández-Ballesteros. [Extracted from the article]

Appeal against the inadmissibility of a writ of execution of an arbitral award. Recognition and execution of foreign awards and the Law of International Legal Cooperation 2015. [ABSTRACT FROM AUTHOR]

This article focuses on the interpretation in respect of the reasoning of the award made by the judgment of the Superior Court of Justice of Madrid (Civil and Criminal), dated 8th January 2018. The restrictive interpretations that have been made recently in certain judgments about the limits of arbitration, and very specifically on public order, clearly affect the arbitral institution, generating concern in arbitral institutions and national and international legal operators. [ABSTRACT FROM AUTHOR]

The present work, the origin of which is a conference given at the Tarragona Law Society, has the intention to contribute to the training and information of lawyers who face an arbitration, both in the drafting of the arbitration agreement, as well as when practicing as representatives of one of the parties in an arbitral proceedings, or when working as arbitrators. And, in this sense, the substantial differences between judicial and arbitration proceedings are revealed. [ABSTRACT FROM AUTHOR]

This article takes an approach to the legal nature of the annulment of the arbitral award to discard it is an appeal strictly speaking, being a specific and unique declarative process that aims to challenge the validity of the award, although for assessed reasons which impede the revision of the substance of the dispute by the competent body in charge of the continuation in that challenge process. It analyses the content and characteristics of the concept of public order as a reason for annulment of the award, as well as a possible extension of the concept of arbitral public order to the so-called economic public order. Finally, an analysis is carried out as to who is able to have defence capacity in the annulment of the arbitral award. [ABSTRACT FROM AUTHOR]

Achieving efficiency in arbitration has mainly been an issue related to costs and time-length. The arbitral proceeding is expected, at the same time, to efficiently allow high-quality decisions to settle disputes. Efficiency is no more a theoretical thought, timely to seek means for contributing to such objective by acknowledging arbitration as a procedure that could be assisted through procedural techniques. Herein, the proposal is recourse to Procedural Law as an adequate method for promoting both efficiency and efficacy within arbitration proceedings. [ABSTRACT FROM AUTHOR]

El artículo presenta una serie de noticias acerca del tema del arbitraje. El Australian Centre for International Commercial Arbitration ha aprobado un Reglamento de Arbitraje y Reglamento de procedimiento abreviado. La Asociación Italiana para el Arbitraje presentó un reglamento que moderniza las normas de arbitraje. La Federación Rusa ha reformado leyes relacionadas con el arbitraje.

Se presenta un resumen y un comentario de la sentencia del Tribunal Superior de Justicia de Catalunya de 6 de mayo 2016, acerca del reconocimiento del laudo extranjero de arbitraje marítimo.

Se presenta un resumen y un comentario de la Sentencia del Tribunal Superior de Justicia de Catalunya núm. 47/2015 de 15 de junio de 2015, acerca de la nulidad del laudo, la nulidad del contrato y el arbitraje de equidad.

Se presenta un resumen y un comentario de la Sentencia del Tribunal Superior de Justicia de Madrid núm. 32/2016 de 13 de abril de 2016, acerca del alcance del control judicial del arbitraje.

A shareholder in a public limited company brought before the Court of Arbitration of the Chamber of Commerce in Bilbao an arbitration requesting the liquidation of the mercantile company due to the paralysation of its social organs (art. 363.1.d of the Spanish Corporate Law). The said public limited company opposed the process, alleging, in the first instance, the impossibility of bringing the case to arbitration as it exceeded the scope of the statutary arbitration agreement. [ABSTRACT FROM AUTHOR]

Se presenta un resumen y un comentario de la Sentencia del Tribunal Superior de Justicia de Madrid núm. 70/2016 de 4 de noviembre de 2016, acerca de la imparcialidad del árbitro y la imparcialidad de la Corte.

Normally, insufficiency of power for subscribing an arbitration agreement is invoked by the principal in order to distance himself from the arbitration accepted at a given moment by a person claiming to be his representative. In the case that we shall examine here, however, the roles are reversed, since it is the other contracting party who argues this insufficiency and the consequent absence of ratification in time by the principal, in order to avoid being bound by the agreement to which he had subscribed. We shall examine the conditions in which it could be understood that this specific faculty may be conferred in the case of predisposed contracts in accordance with general conditions and the problems of ratification. [ABSTRACT FROM AUTHOR]

Se presenta un resumen y un comentario de la Sentencia del Tribunal Superior de Justicia de Catalunya núm. 45/2015 de 15 de junio de 2015, acerca de la preferencia del arbitraje sobre el concurso y la causa de nulidad del laudo.

Business conflicts have a significant impact on both human and financial resources and also mean lost opportunities, which damage the corporate image, resulting in a loss of position in the market and consequently affecting profits. Traditionally, these conflicts have been referred to courts of justice, but the slow pace of these courts as well as their rigid procedures result in delays in resolving the case, causing considerable uncertainty which negatively affects the day-to-day work, and therefore the development, of the companies concerned. For all these reasons, alternative means of conflict resolution have appeared, which we shall aim to analyse in this talk, and which suppose a 'privatization' of the jurisdictional function, consisting of conciliation, mediation and in particular, arbitration, although we must take care to distinguish between commercial or non-corporate and statutory or intra-corporate arbitration. The principles of voluntary participation and freedom which inform arbitration with the participation of the parties in dispute in both the elaboration and development of the procedure, and the speed and flexibility of the same, along with the quality of the arbiters, make arbitration the ideal means of resolving conflicts which companies may face in the course of their everyday activities. [ABSTRACT FROM AUTHOR]

In the proceedings for setting aside an award, it is not the legal relationship submitted to arbitration that is being judged, but the arbitration itself. It is not an appeal against the award but rather a new judgment on the subject of the arbitration itself, its possibility or viability and the regularity of the procedure in the majority of cases. In contrast, the action of the annulment does not allow the appearance of the parties which participated in the case submitted, but rather those of the legal relationship which is not being judged. Nor does it allow the appearance of those who will be responsible for the decision that will be delivered. [ABSTRACT FROM AUTHOR]

The business world expects from the legal system a secure, predictable regulatory legal framework and an efficient, independent mechanism to resolve conflicts which may place it in confrontation with public administrations. For the resolution of conflicts taken against the public administration, the judicial system offers an independent mechanism but it is slow and does not always have the precise technical knowledge required. For this reason, alternative means of resolving conflicts must be explored. We will therefore analyse the advantages and limits of adversarial means (arbitration) as well as consensual means (conciliation and mediation) in regard to dealing with public administrations and opt for reenforcing the option of administrative appeals before independent bodies. We shall also analyse the option of intrajudicial mediation. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to develop a micro-comparison of the treatment given to confidentiality within arbitration in two different legal systems; that of the United States of America and the other of Spain. With this aim, firstly, I provide a conceptual approach to confidentiality, identifying its contours and limitations. Secondly, the study turns, specifically, to the analysis of the legal context established in both legal systems in order to understand how confidentiality operates in arbitration and confront the question of the need for express recognition of confidentiality rules, whatever the sources of such recognition would be. [ABSTRACT FROM AUTHOR]

The paper aims to construct a theoretical explanation of the notion of procedural flexibility in arbitration. To achieve this goal, we elaborate a concept of flexibility from a functional point of view, according to which, flexibility can be understood as adaptability. Then, we will explain the foundations that justify flexibility: the instrumental nature of procedural rules and the efficiency of arbitration. Finally, we will propose a structural concept of procedural flexibility indicating the elements that compose it, and we will explain in detail the presence of these elements in the 60/2003 Arbitration Act. [ABSTRACT FROM AUTHOR]

The witness evidence is one of the key moments in any arbitral proceedings, that can decide the outcome of the case. Notwithstanding, the Spanish Arbitration Act remains silent, allowing the parties and arbitratos freedom for accepting it and setting its conditions. Nevertheless, there are many soft law guidelines on witness evidence, very detailed also in Rules of Arbitration Courts. Additionally, there is a very consolidated arbitration practice, that is explained in this article. [ABSTRACT FROM AUTHOR]

Arbitration is an alternative dispute resolution method based on the autonomy of the parties, and how this autonomy works is reflected in the negative and positive effects of arbitration clauses. We cannot ignore the importance of solving conflicts between principles to achieve efficient and fair arbitration, The scope of this paper is limited to the principle of Kompetenz-Kompetenz of arbitration clauses, and their negative effects. We will discuss how Kompetenz-Kompetenz operates in different countries, with a special focus on the United States of America and the case First Options v. Kaplan and how we can interpret the dicta in order to apply the ideas, reflected in the case to the Spanish system. [ABSTRACT FROM AUTHOR]

This article traces the legal outlines of environmental arbitration, particularly from the standpoint of public law, and provides a brief examination of relevant comparative law. [ABSTRACT FROM AUTHOR]

A recent judgment of the Provincial Court of Appeal of Ourense found a lawyer professionally liable for having urged a civil court claim when the relevant contract contained an arbitration clause. The ruling required the lawyer to pay the costs of an «unnecessary and fruitless process». [ABSTRACT FROM AUTHOR]

This paper addresses the liability of arbitrators from a comparative perspective with the aim of analysing a viable solution at international level, especially the inclusion of a rule on liability of arbitrators in the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law. [ABSTRACT FROM AUTHOR]

The doctrine emanating from the resolution allows for the articles of incorporation of a capital company to provide for submission, first to mediation and then, if necessary, to arbitration, of all disputes of a corporate nature, thus including any which may arise between the directors of the company. [ABSTRACT FROM AUTHOR]

This paper analyses the nature of the non-payment of a portion of the funding in arbitration proceedings. In light of the cited case law and the opinion of the author it is clear that this is a breach of contract imposed by the arbitration agreement, non-compliance with prevents continuation of arbitration for lack of means. So what solutions exist in the event of failure by one of the parties to pay their share of funding? Without prejudice to the multiple motives for one of the parties not to pay –lack of funds, insolvency or mere obstacular strategy– the solution commonly practised in most arbitration courts, is to «sentence» one of the parties to make advance payment of the entire amount, warning that the case will be closed if neither party pays. But such a solution may be excessively burdensome for the interested party, making it increasingly necessary for arbitration institutions to have recourse to their own resources to re float the arbitration process, a mission on which the Barcelona Court of Arbitration is currently engaged with the development of «procedural tools» such as injunctions or mandatory partial awards. [ABSTRACT FROM AUTHOR]

One of the advantages of arbitration is the nature of the procedural rules, whereby the parties can agree to apply those they find most appropriate, avoiding the civil procedural codes; arbitration proceedings are thus not subject to the so-called «common procedural rules» other than in exceptional cases where the parties expressly opt for their application, but are determined by the autonomous decisions of the parties. Despite this character differential, arbitration proceedings display a very close link with judicial processes, which can result in contamination of arbitration institutions. Such potential contamination of arbitration institutions by common procedural rules is a pathological situation that warrants the safeguarding of arbitration from certain practices or dysfunctions, imported for the most part from legal proceedings, which threaten to jeopardize the specificity of the conflict resolution system, leading to the loss of some advantages and even its rationale. Whether used as delaying tactics or otherwise, there exist a number of practices of a pathological nature that can only be overcome through a change of mentality that lawyers need to undergo. Practical experience points to the existence of a certain inclination, as much on the part of lawyers as arbitrators, to stick to common procedural notions, including some truly striking examples; likewise, the spread of common procedural regulations to arbitration can be seen in certain specific institutions, such as notice requirements, the effects of res judicata, the recusal of arbitrators or estoppel. [ABSTRACT FROM AUTHOR]

The article looks at similarities and differences in the application of the consistency principle in the judicial process and in arbitration proceedings, plus the claim of inconsistency as a ground for annulment of an arbitral award under the Ley de Arbitraje [Arbitration Act]. Doctrinal decisions of the Spanish Supreme Court and High Courts of Justice in this matter are also examined. [ABSTRACT FROM AUTHOR]

Interactions between arbitration and jurisdiction in the field of European Procedural Law have been constants, and European case law has had the opportunity to deal with them, first from the perspective of the Brussels Convention and then from that of Regulation No. 44/2001. After the West Tankers judgment and the reaction that it caused in the world of arbitration, the discussion stalled. By using simple examples and resolutions rendered by the Court of Justice of the European Union in this regard, this study seeks to detect the friction points and reflect on the amendments introduced through the new Regulation No. 1215/2012, initially aimed at putting an end to the aforementioned problems. [ABSTRACT FROM AUTHOR]

This study critically examines some of the latest amendments to the judgment of eviction for non-payment after the entry into force of Law 4/2013, of June 4, highlighting the positive aspects of the same opinion of the author and putting highlighted other aspects that should be reformed and have not been. Finally, the ability to use arbitration as a means to evict the defaulting tenant disputes. [ABSTRACT FROM AUTHOR]

This study raises the problem of the destiny of the bond of indemnity, demanded from the promoter of precautionary measures, once a arbitration award has been dictated, which has not estimated the pretensions of the plaintiff raised in the claim of the arbitral procedure. The question focuses from two different angles: if the precautionary measures have been granted by an arbitrator, as well as by a judge. Therefore, the main reason of this work is to highlight the existence of a disturbing legal vacuum on this specific matter. First of all, this work pursues to come up with a solution of lege lata, without success. In a second moment, it carries out a proposal of lege ferenda, that affects both the law of arbitration, as to the Civil procedure law, and it seeks, in essence, to provide a legal basis to the arbitrator or to the Court to retain the bond of indemnity until no time has elapsed a reasonable term unless the respondent has filed a claim for damages that had occasioned to him the precautionary measures that have proved to be unfounded. [ABSTRACT FROM AUTHOR]

The Law of Civil Prosecution offers to the parties different ways to guarantee the complete fulfillment of the judicial resolutions, between them the provisional enforcement of judgments, there being established in addition the general rule of nonsuspension of the enforcement procedure. Nevertheless, though the Law of Arbitration is sent to the general rules of the enforcement procedure, it introduces the only exception, which is the possibility of suspending the enforcement procedure when against the award the action of cancellation had been urged. This prerogative places the award as an executive title of worse condition than the judgment and it debilitates without reason the efficiency of the arbitration. [ABSTRACT FROM AUTHOR]

The present work deals with the study of opposition to the enforcement of procedural or arbitral decisions when the cause alleged by the defendant consists of the payment or fulfillment of the order of the instrument. The article begins with an analysis of general aspects related with substantive opposition in the execution of court rulings. Next, the article examines in depth the mentioned cause of opposition, both insofar as the requirements to be met in order to appreciate it, and in terms of the procedure to be followed to allege in the enforcement. [ABSTRACT FROM AUTHOR]

Requirement to comply with the formalities guaranteed by the court and defence of parties affected by award. Voidability. [ABSTRACT FROM AUTHOR]

The interest of this Order, the penultimate dictated in the Audiencia Provincial de Madrid (High Court of Madrid), is based, as much as its content, on the fact that this Court has made conflicting decisions on this issue. In the year 2012 five decisions were made, three sharing the thesis of the order referred to here (and also by the author) although one is not about eviction but a claim for accumulated amounts of rent, and one against. The arguments of the decisions in favour of the arbitrability of rental issues, and differentiating concepts such as availability, mandatory rules and public order, are persuasive. Likewise, limiting the scope of mandatory issues in the field of rentals. Interpretation of laws in accordance with the social reality of the times to which they apply. Scope of judgment on the requirements of an enforcement order. [ABSTRACT FROM AUTHOR]

One party proposed examination of the party of his own legal representative, ordered admissible by the arbitrator. On going to carry out same the arbitrator stated that the lawyer could not be considered an expert witness for the other side as the interrogatories had not been proposed by the opposite party, but the party himself, and agreed to treat the statement as having the character of testimony. [ABSTRACT FROM AUTHOR]

The auditor appointed by the Registrar of Companies to determine the value of shares in a company does not act as an arbitrator but as an arbitrador “ex aequo et bono", because his / her function is not to settle a dispute, but to complete a non-judicial extreme of a legal relationship, which is to indicate the price of a share transfer Consequently a judicial review of the assessment made by the auditor is appropriate. [ABSTRACT FROM AUTHOR]

El artículo presenta información acerca del I Congreso Internacional de Arbitraje, el cual tuvo lugar en Barcelona, España, el 18 al 20 de octubre de 2012. El autor comenta sobre algunos de los temas centrales de la conferencia, incluyendo las cortes arbitrales, las disputas entre cortes internacionales y cortes regionales y el posible futuro del arbitraje.

As a result of major reforms made by the Décret n ° 2011 - 48 of 13th January 2011, French arbitration law is one step closer to the UNCITRAL rules. The reforms introduced by this Décret constitute an important advance that is essentially based on the evolving role of the ordinary courts in arbitral proceedings. This article analyses firstly the effectiveness of arbitration achieved thanks to participation of the ordinary courts, with the intervention of the «support judge», a designation that recognizes the role of a person whose aim is to ensure the success of arbitration proceedings without any hint of hierarchical submission. Amongst other objectives, this «support judge» has the function of making up for the will of the parties if that fails and, as a result of the new Act, even has the authority to declare himself an arbitral tribunal if the parties do not provide rules that indicate how to choose one. The riskiest option taken by the reforms is the recognition of competence of the «support judge» in international disputes taking place outside of France arising from foreign laws. Thus, the state courts have a participative and auxiliary role in ensuring the arbitration works well. Secondly, this paper aims to describe mechanisms supporting arbitration procedures and guarantees, such as the filing of interim measures, the disappearance of various appeal options in favour of a single type of appeal seeking annulment and the motion for review by a arbitral tribunal for rectification of those all or part of awards made in breach of legal process. More than ever French law allows arbitration law to achieve its full potential as an instrument of Justice entirely comparable to ordinary law, in which the arbitrator plays a key role. Regarding the future of arbitration, the authors highlight several lines of thought for the future, such as a better understanding of comparative legal systems, professionalisation of the players in arbitral proceedings –arbitrators, lawyers, and counsels– and finally greater publicising of the work of the regional arbitral tribunals and courts in the Mediterranean Eurozone. [ABSTRACT FROM AUTHOR]

This is a detailed analysis of the effects of the recent reforms of French arbitration law introduced by the Décret n° 2011-48 dated 13th January 2011. These long-awaited reforms put Paris in a preeminent position for international arbitration. To achieve this, the 2011 Décret permits arbitration agreements to be considered valid with virtually no conditions. Even so-called «blank» clauses, i.e. those that only provide for recourse to arbitration in a generic way, are authorised. In such cases, the «support judge» shall intervene to uphold the will of the parties to submit to arbitration and help them appoint an arbitral tribunal. As a result of the 2011 Décret, conditions for the validity of arbitration agreements are minimal. However, appointment of the arbitration tribunal itself does require compliance with certain rules; e.g., in domestic law the parties may only choose natural persons, while in international arbitrations they can also designate arbitral institutions. The new Décret also changes another essential aspect of arbitration proceedings, viz. arbitrators' lack of power vis-a-vis third parties. If the arbitration parties need a piece of evidence from a third party they may ask the support judge to order the third party to provide the evidence sought. As regards the time of notification of the award, the 2011 Décret simplifies this totally, allowing notifications by post and even by e-mail. In conclusion, this paper highlights all the advances made by the reforms of French arbitration law in order to improve its flexibility, safety and efficacy, objectives that the government intends to extend in the near future. It is now up to practitioners to say whether these objectives have been met. [ABSTRACT FROM AUTHOR]

The appellant contended that the arbitration agreement would be ineffective as a judicial hearing with the same object, was taking place in another court of the same jurisdiction which would also have violated public order by affecting the right of defence of the private action under Article 1597 of the Civil Code. [ABSTRACT FROM AUTHOR]

The passport, as a document to pass freely from one country to another, goes back to the Bible, according to which Nehemiah, an official serving King Artaxerxes I, asked permission to travel to Judea, and the monarch gave him a letter «to the governors beyond the river» requesting safe passage through their lands, but it was probably King Henry V of England who invented the first modern passport in the C15th to facilitate his subjects' travels to other lands. The situation has barely changed since then as even today to move from one country to another requires a passport. The same applies to judicial decisions. In an economically globalised world, it would make sense for judicial decisions to travel unhindered. But it is not so and because, despite globalization, the world is still made up of the «petty principalities» of the 193 member states of the United Nations, each with well-defined borders and fortified with state powers, including the courts, confined to them, so that for a judgment of one state to be recognized and enforced in another, unless special treaties exist, requires the «exequatur» or verification or approval of same by the other. The arbitration world has attained a highly efficient system consisting of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. Of the 193 member states of the United Nations, 146 have signed this convention. [ABSTRACT FROM AUTHOR]

This paper analyses in detail the past and present of arbitration as an alternative method of dispute resolution in the Autonomous Community of Aragon. In looking to the future, the author addresses conflicts as a dominant factor in society, conflicts dealt with in lawsuits claiming payment of outstanding amounts of money, breaches of duty, loan and mortgage foreclosures, evictions etc. which are not covered with by arbitration because their natural forum is the Court. Arbitration is reserved for seeking solutions to disputes where there is a difference of criteria when it comes to conflict resolution. Arbitration procedure must be of high quality, where the parties feel comfortable and well taken care of and where another important factor predominates, flexibility. The third issue raised by the author refers to the union of all the courts and tribunals of the State. In this regard, it is very important to claim compensation for the costs they are being saved and here, needless to say, the claim should be made in common. [ABSTRACT FROM AUTHOR]

A certain Community of Owners unanimously agreed to submit any disputes arising in the future between the various co-owners in relation to payments due from debtor members to an Arbitration Tribunal. After a series of non-payments, the Community sought issuance of an award and once issued requested judicial enforcement of same pursuant to Article 517 of the Ley de Enjuiciamiento Civil (Civil Procedure Act); the Court of First Instance held that enforcement could not go ahead without production of the owners' agreement. [ABSTRACT FROM AUTHOR]