Region: Spain

Spanish court sets high bar for award scrutiny

The Spanish Constitutional Court has reinstated an annulled award in a €600 million inheritance battle between relatives of a prominent deceased aristocrat – setting a high standard for the review of arbitral awards on public policy grounds.

18 February 2021

New leaders at Spanish club young group

The Spanish Arbitration Club’s under-40 group has elected a new nine-member leadership team based in Spain, Portugal, Italy, Mexico, Ecuador and the US.

17 February 2021

Miner threatens Spain over uranium ban

An Australian company developing a controversial €450 million uranium project has threatened to bring an arbitration against Spain over a proposed law banning mining of the material.

01 February 2021

What you missed at ICSID

Before the holiday break, ICSID saw another solar award rendered against Spain, a stay lifted in another renewables case, a new €100 million claim against Albania and the settlement of a US$500 million claim against Uzbekistan.

04 January 2021

Spain fails to unseat ICSID panel over refusal to travel

Spain has failed to disqualify an ICSID tribunal over its refusal to hold an in-person hearing during the covid-19 pandemic – and the failure of two of the arbitrators to disclose their participation in the Frankfurt Moot.

16 December 2020

Spanish Constitutional Court Judgment On Public Policy: The Right Decision at the Right Moment

Featured in The European Arbitration Review 2021

03 December 2020

Swedish court rebuffs Spain again over ECJ referral

Spain has once again failed to persuade a Swedish court to refer questions about the Energy Charter Treaty to the European Court of Justice before deciding whether to set aside an award in favour of renewables investors.

06 November 2020

Spain and France not immune from oil spill suits

The Commercial Court in London has ruled that Spain and France cannot invoke sovereign immunity to avoid litigation brought by an insurance club over the two states’ alleged failure to honour arbitral awards relating to an oil spill in the Atlantic 18 years ago.

24 July 2020

Spanish ruling curbs judicial review of awards

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.

20 July 2020

Spain solar awards enforced in Australia

An Australian court has enforced a pair of ICSID awards worth a combined €229 million plus interest in favour of European solar power investors against Spain, rejecting the state’s sovereign immunity defence.

24 February 2020

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