The Spanish Council of Ministers has approved a draft bill to
amend the 2003 Spanish Arbitration Act, which will now be submitted
for approval by the Spanish Parliament.
The draft bill, which was approved in mid-July, contains
provisions similar to draft proposals that were announced in
February 2010 by the Spanish Minister of Justice.
The draft bill includes certain improvements in relation to
international arbitration procedure, but could also introduce some
controversial elements into arbitration in Spain. It is hoped that,
as the Spanish Parliament reviews the draft bill, it will
reconsider and then eliminate these controversial elements.
Involvement of higher courts
The draft bill provides for the power to support arbitration
proceedings, including assisting in the appointment of arbitrators
and the recognition of foreign arbitral awards (which are currently
entrusted to first instance and commercial courts) as well as
actions to set aside arbitration
