Spanish Constitutional Court vacate Madrid Court decision to set aside award for (...)

(...) infrigement of public policy

Spanish Constitutional Court vacate Madrid Court decision to set aside award for (...)
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2 de marzo de 2021

The Spanish Constitutional Court has vacated a judgment and an order (the decision) of the Madrid High Court in which the High Court had set aside an arbitral award on grounds of public policy infringement. The Constitutional Court declared the High Court's decision null and void for making an expansive interpretation of the notion of public policy and for violating fundamental due process rights. The judgment reconfirms that a broad interpretation of the notion of public policy set out in article 41 of the Spanish Law 60/2003 on Arbitration may entail an infringement of due process rights under article 24.1 of the Spanish Constitution and that the ordinary courts cannot revise the arbitrator's findings or application of the law while deciding adjudicating an annulment action. (Amparo 3956/2018 (15 February 2021).)

Practical Law UK, 02-Mar-2021. Spain.

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2 de marzo de 2021