Lex Mundi Global Arbitration Institutions Guide |
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Spain |
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(Europe)
Firm
Uría Menéndez
Contributors
Cristian Gual |
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| Name of Arbitral Institution; with abbreviation, if any. | Corte de Arbitraje de Madrid (or Madrid Court of Arbitration) |
| Where is the seat of the Arbitral Institution? | Madrid |
| Is there an umbrella organization for the Arbitral Institution? | Cámara Oficial de Comercio, Industria y Servicios de Madrid |
| How is the Arbitral Institution structured? | The Court has the following bodies: the Plenary of the Court, the Arbitrator Appointment Committee (the "Appointment Committee"), the Secretariat and the Presidency. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The place of arbitration can be freely chosen by the parties. There is not a default place of arbitration. |
| What is the amount of the registration fee? | Admission Expenses = € 350 (VAT no included) |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | According to the Costs Calculator of the institution: Administration Expenses = € 7,502 Arbitrators' fees = €33,940.5 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | According to the Costs Calculator of the institution: Administration Expenses = € 21,538 Arbitrators' fees = € 245,206.5 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | According to the Costs Calculator of the institution: Administration Expenses = € 106,238 Arbitrators' fees = € 807,856.5 |
| Who pays advances on costs? What happens in the event of default? | Advances on costs shall be payable in equal shares by the parties unless otherwise agreed by the parties. Any party shall be free to pay any other party’s share of any advance on costs should such other party fail to pay its share. When a request for an advance on costs has not been complied with, the Court may discretionally decide to decline the administration of the arbitration or not to carry out the task for which the advance on cost was required. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Yes, the procedure has to be defined in one / several procedural order/s. |
| Which languages can be used for communication with the Arbitral Institution? | Spanish, English and French. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat of the Court is the body in charge of case management and administration, as well as of the examination of awards before they are issued. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | The Court. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | There are no constraints to this respect. Although still somewhat alien to general Spanish litigation practice, both in arbitration in Spain and in this institution, in particular, it is perfectly customary to agree on at least some degree of document production. It is also perfectly usual to adhere to the IBA Guidelines on the Taking of Evidence in International Arbitration. |
| What is the average duration of arbitration proceedings? | According to the statistics provided by the Madrid Court of Arbitration, in average, arbitrations last about 10 months. |
| What is the timeframe for rendering the award? | Arbitrators must generally render an award within 6 months following the answer to the claim. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | The arbitral tribunal can impose interim measures unless otherwise agreed by the parties. This is without prejudice of the parties' right to request interim measures before the ordinary courts. |
| Do the institutional rules provide for an emergency arbitrator? | Yes. See Annex II “Emergency Arbitrator” of the institutional rules. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes. The award is rendered within four months from the later date between the date of the filing of the answer to the claim (or once the deadline to file such brief has expired) or from the date of the filing of the brief of the answer to the counterclaim (or once the deadline to file such brief has expired). This deadline can only be extended one month. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Arbitral awards are submitted for scrutiny by specialized counsel. The Court may make strictly formal modifications. Additionally, the Court may also make suggestions to the arbitrators as to the merits of the case and cost allocation, without prejudice to the arbitrators’ freedom to resolve the case as they deem fit. |
| Do costs necessarily follow the event? | No. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, arbitral awards can be annulled in our jurisdiction but only on the basis of a closed list of grounds, which, in principle, mainly correspond to the reasons for denial of enforcement according to the NY Convention. |
| Link to institutional rules | |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
Corte de Arbitraje de Madrid (or Madrid Court of Arbitration)
Madrid
Cámara Oficial de Comercio, Industria y Servicios de Madrid
The Court has the following bodies: the Plenary of the Court, the Arbitrator Appointment Committee (the "Appointment Committee"), the Secretariat and the Presidency.
No.
The place of arbitration can be freely chosen by the parties. There is not a default place of arbitration.
Admission Expenses = € 350 (VAT no included)
According to the Costs Calculator of the institution:
Administration Expenses = € 7,502
Arbitrators' fees = €33,940.5
According to the Costs Calculator of the institution:
Administration Expenses = € 21,538
Arbitrators' fees = € 245,206.5
According to the Costs Calculator of the institution:
Administration Expenses = € 106,238
Arbitrators' fees = € 807,856.5
Advances on costs shall be payable in equal shares by the parties unless otherwise agreed by the parties. Any party shall be free to pay any other party’s share of any advance on costs should such other party fail to pay its share. When a request for an advance on costs has not been complied with, the Court may discretionally decide to decline the administration of the arbitration or not to carry out the task for which the advance on cost was required.
Yes, the procedure has to be defined in one / several procedural order/s.
Spanish, English and French.
The Secretariat of the Court is the body in charge of case management and administration, as well as of the examination of awards before they are issued.
No.
The Court.
Yes.
No.
There are no constraints to this respect. Although still somewhat alien to general Spanish litigation practice, both in arbitration in Spain and in this institution, in particular, it is perfectly customary to agree on at least some degree of document production. It is also perfectly usual to adhere to the IBA Guidelines on the Taking of Evidence in International Arbitration.
According to the statistics provided by the Madrid Court of Arbitration, in average, arbitrations last about 10 months.
Arbitrators must generally render an award within 6 months following the answer to the claim.
Yes.
The arbitral tribunal can impose interim measures unless otherwise agreed by the parties. This is without prejudice of the parties' right to request interim measures before the ordinary courts.
Yes. See Annex II “Emergency Arbitrator” of the institutional rules.
Yes. The award is rendered within four months from the later date between the date of the filing of the answer to the claim (or once the deadline to file such brief has expired) or from the date of the filing of the brief of the answer to the counterclaim (or once the deadline to file such brief has expired). This deadline can only be extended one month.
Arbitral awards are submitted for scrutiny by specialized counsel. The Court may make strictly formal modifications. Additionally, the Court may also make suggestions to the arbitrators as to the merits of the case and cost allocation, without prejudice to the arbitrators’ freedom to resolve the case as they deem fit.
No.
Yes, arbitral awards can be annulled in our jurisdiction but only on the basis of a closed list of grounds, which, in principle, mainly correspond to the reasons for denial of enforcement according to the NY Convention.