Interim Measures and Enforcement Of Arbitration Awards In Spain

There are two matters that come to mind when reference is made to the effectiveness of arbitration proceedings, namely, the adoption of interim measures in arbitration proceedings and the enforcement of both international and domestic arbitration awards. The regulation of these matters in each country is often a relevant factor for the parties entering into an agreement when deciding whether or not the disputes arising from the agreement will be submitted to arbitration or to the jurisdiction of the courts.

Traditionally, the regulations on these matters in Spain have been insufficient and this has been considered to be one of the main obstacles for the development of arbitration in Spain. However, recent legislative developments have brought about significant improvements. In particular, it is worth citing the new Spanish Civil Procedure Act of January 7, 2000 (in force since January, 2001), which supersedes the old Civil Procedure Act dating back to 1881; and the new Spanish