Some specific issues about arbitrability in Spain: back to the past? Articles uri icon

publication date

  • October 2017

start page

  • 28

end page

  • 52

issue

  • 4

volume

  • 65

International Standard Serial Number (ISSN)

  • 0003-2565

abstract

  • The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle pro arbitration and arbitrability, is threatened by doctrinal interpretations, legal rules or recent judicial decisions, where arbitrability has been constrained. This is particularly the case in the field of regulated sectors, where the arbitrability of disputes is quite controversial and complex, and the key institutions meet: arbitration, state justice, and decision-making powers attributed to a regulatory body, in the case of Spain, the National Commission on Markets and Competition (CNMC).

keywords

  • arbitration; arbitrability; spain; regulated sectors