This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Spain, including the jurisdictions of Ceuta and Melilla.

2. Date of entry into force of the New York Convention

10 August 1977.

(Source: Constitutional Law of 29 Apr. 1977, published on 11 July 1977.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

No.

(b) commercial relationships

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

Yes. Awards considered to be foreign awards under Spanish law are those: (i) involving parties whose domiciles, at the time of conclusion of the arbitration agreement, are in different States; (ii) made in proceedings seated outside the State in which the parties are domiciled; (iii) concerning a dispute in which the place of performance of a substantial part of the obligations arising out of the underlying legal relationship, or the place with which the dispute is most closely connected, is situated outside the State in which the parties are domiciled; or (iv) concerning a dispute arising out of a legal relationship involving the interests of international commerce.

(Source: Arbitration Law 60/2003 of 23 Dec. 2003, published on 26 Dec. 2003, Art. 3.)

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) New York Convention; (ii) Arbitration Law 60/2003 of 23 Dec. 2003; (iii) Title VIII, Arts. 951 to 957, of the Civil Proceedings Law of 3 Feb. 1881, published on 5 Feb. 1881; (iv) Civil Proceedings Law 1/2000 of 7 Jan. 2000, published on 8 Jan. 2000; (v) relevant bilateral treaties; (vi) judge-made law.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

Yes, there is a limitation period for enforcement of foreign awards in Spain.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

The applicable limitation period is 5 years, starting from the date the award becomes final, i.e. when no recourse is available against the award in Spain.

(Source: Civil Proceedings Law 1/2000 of 7 Jan. 2000, Art. 518.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

The authority with jurisdiction over recognition and enforcement of foreign awards in Spain is the judge of first instance with jurisdiction over the place of residence of the respondent. Should respondent have no such residence, it is the judge of first instance with jurisdiction over the place where enforcement of the award is sought.

(Sources: Arbitration Law 60/2003 of 23 Dec. 2003, Art. 8; Civil Proceedings Law of 3 Feb. 1881, Art. 955; Civil Proceedings Law 1/2000 of 7 Jan. 2000, Arts. 50 et seq.)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

There no such requirement under Spanish law.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

Inter partes proceedings.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

In principle, there is no such recourse. However, certain Spanish courts nevertheless allow appeals against decisions on recognition and enforcement within 5 days as from their notification.

(Sources: Civil Proceedings Law of 3 Feb. 1881, Art. 956; Civil Proceedings Law 1/2000 of 7 Jan. 2000, Art. 455.)

(b) How many levels of appeal or recourse are available against this decision?

From zero to one, depending on whether an appeal is allowed.

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

The earliest stage at which execution of assets may be obtained is once the court's decision on enforcement of the award becomes final, i.e. once that court's decision is no longer subject to appeal.

E. Evidence required

12. (a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The original notarized award. There is no requirement that the arbitration agreement or evidence of the notification of the award be supplied.

(Source: Civil Proceedings Law 1/2000 of 7 Jan. 2000, Art. 550-1-1.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

The entire award should be submitted.

(c) Are originals or duly certified copies required?

Notarized copies of the award are required.

(d) How many originals or duly certified copies are required?

One copy of the award is required.

(e) Does the authority or court keep the originals that are filed?

Yes.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes.

(Source: Civil Proceedings Law of 3 Feb. 1881, Art. 956.)

(b) If yes, into what language?

Spanish.

(Source: Civil Proceedings Law 1/2000 of 7 Jan. 2000, Art. 142.)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Any translations may be submitted unless a party objects to the translation, in which case a duly registered official Spanish translator has to approve the translation.

(Source: Civil Proceedings Law 1/2000 of 7 Jan 2000, Art. 142.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

It is necessary to provide a translation of the documents submitted in their entirety.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

The legal proceedings for recognition and enforcement in Spain may be suspended pending the outcome of setting-aside proceedings at the place where the award was made, if the respondent so requests.

(Source: Arbitration Law 60/2003 of 23 Dec. 2003, Art. 45.)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

There are no other grounds upon which the proceedings for recognition and enforcement may be stayed.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

The granting of a stay of legal proceedings for recognition and enforcement is conditional upon the provision of security corresponding to the amount awarded and the damages and losses which may result from such stay.

(Source: Arbitration Law 60/2003 of 23 Dec. 2003, Art. 45.)

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

Documents filed in legal proceedings for recognition and enforcement form part of the public record. Spanish judges may decide that certain documents are confidential in order to protect public order, private life and other rights such as business secrets and liberties, and if publicity would jeopardize the interests of justice.

(Source: Civil Proceedings Law 1/2000 of 7 Jan. 2000, Arts. 140(3), 138(2).)

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

The hearings are public, unless a judge orders that they remain confidential.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

Yes, unless a confidentiality order has been rendered.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

Partial awards may be recognized and enforced in Spain. Spanish law and case law do not address the issue of enforcement or recognition of interim awards.

(Source: Arbitration Law 60/2003 of 23 Dec. 2003, Art. 37-1.)

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

Recognition and enforcement of decisions in foreign awards ordering non-monetary relief may be obtained in Spain, together with a monthly fine in the absence of voluntary performance.

(Source: Civil Proceedings Law 1/2000 of 7 Jan. 2000, Art. 709.)

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

A party may obtain recognition and enforcement of only part of an award in Spain, where that part of the award is separable from other parts.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

There is currently no case law on the issue in Spain.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

No.

Country Rapporteur: Isabel Zivy.

Other contributor: Antonio de P. Escura.