October 18, 2021

COMMISSIONS

If as a CEA member you are interested in being part of one of the following working groups of the Club, send us an e-mail at administracion@clubarbitraje.com.

ACTIVE COMMISSIONS

MEDIATION, CONFLICT PREVENTION AND RESOLUTION

Additional information about the Mediation Commission, its publications and its activities can be found in the Mediation section of the web.

President: Mercedes Tarrazón Rodón
mediacion@clubarbitraje.com

CONSTITUTION AND ARBITRATION

The Commission on Constitution and Arbitration was constituted in 2019 and will focus on studying the relationship between the Constitution and Arbitration, in abstract, and on the jurisprudence emanating from the different Superior Courts of Justice of Spain, checking whether or not it is in accordance with the constitutional mandate. A Technical Report will be prepared and published shortly.

Presidents: Jesús Remón y Pascual Sala

COMMISSION FOR THE STUDY OF ARBITRATION IN IBERO AMERICA

The objective of this project is to carry out a large-scale survey on the situation of arbitration in Ibero-America, where the demographic will be companies that operate or do business in Ibero-America, through the opinion of their directors, legal advisors, in-house, etc.  The intention is to analyse their opinion on the main issues related to arbitration (advantages and disadvantages, arbitrators, etc.) and publish a report that will bring together all the results.

The Commission is represented by all the CEA Ibero-American International Chapters and each Chapter carries out the research in its own country. The results obtained will be consolidated into one report.

President: Marlen Estévez
informeamerica@clubarbitraje.com

COMMISSION CODE OF BEST PRACTICES IN SPORTS ARBITRATION

The aim of this project is to publish a code of best practices in sports arbitration, a field in which a good number of our partners are highly specialised. The Committee has set itself the task of drafting a text which will develop the provisions of the CEA Code of Good Practices in Arbitration, adapting them to the particularities of this type of dispute.

Sports arbitration is increasing each day and has a consolidated presence in international trade. That is why we are sure that this new code will once again show the Club’s ability to innovate and place itself at the forefront of international arbitration.

The Commission is open to all members and those interested in participating, can do so by sending an email to arbitrajedeportivo@clubarbitraje.com.

Presidents of the Coordination Committee: Giulio Palermo
Sub-Commission of the Arbitration Agreement chaired by: Giulio Palermo
Sub-Commission on Sport Arbitration Institutions chaired by: Massimo Coccia.
Sub-Commission of the Arbitral Procedure chaired by: Clifford Hendel and José Juan Pintó.
Sub-Commission on the Recognition and Enforcement of Arbitral Sports Awards chaired by: Félix de Luis.
Sub-Commission on the Analogical Application of the CEA Code of Best Practices in Arbitration chaired by: Seguimundo Navarro.
Sub-Commission of E-sports chaired by: Seguimundo Navarro.

Charter creation Commision CBBPPAD

Terms of Reference CBBPPAD – ENG

COMMISSION ON JURISPRUDENCE AND LEGISLATION IN THE PORTUGUESE LANGUAGE

The objective of this project is to create a reliable database that gathers jurisprudence and legislation from the Portuguese-speaking countries. The Commission, through its Subcommittees, shall seek to strengthen the work of the Club Español del Arbitraje (CEA) in promoting arbitration as an alternative dispute resolution procedure, making it available to all its members and the arbitration community in general, the updated legislation of Portuguese-speaking countries (Brazil, Macao, Angola, Mozambique, Cape Verde, Guinea-Bissau, Portugal and Timor), as well as the most relevant jurisprudence.

The Commission will also serve to promote the analysis of legislation and jurisprudence, by reviewing the most relevant decisions, in order to be published in the CEA magazine the Spanish Arbitration Review.

The Commission is open to all partners and those interested in participating can do so by sending an email to jurisprudencialusoparlante@clubarbitraje.com.

Commission Presidents: Miguel Esperança Pina and Fernando Marcondes

Commission Secretary: Iñaki Carrera

COMMISSION ON JURISPRUDENCE AND LEGISLATION IN LATIN AMERICA

The objective of this project is to create a reliable database that gathers jurisprudence and legislation from Latin American countries. The Commission, through its Subcommittees, shall seek to strengthen the work of theClub Español del Arbitraje (CEA) in promoting arbitration as an alternative dispute resolution procedure, making it available to all its members and the arbitration community in general, the updated legislation of Latin American countries (Argentina, Bolivia, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela) as well as the most relevant jurisprudence.

The Commission will also serve to promote the analysis of legislation and jurisprudence, making a review with the most relevant decisions, to be published in the CEA magazine the Spain Arbitration Review.

The Commission is open to all partners and those interested in participating can do so by sending an email to jurisprudencialatinoamericana@clubarbitraje.com to be part of this initiative.

Steering Committee of the Commission: Carlos A. Soto, Javier Navarro-Velasco and Carolina Posada.

COMMISSION ON JURISPRUDENCE AND LEGISLATION IN SPAIN

The objective of this project is to create a reliable database that gathers jurisprudence and legislation from Spain. The Commission, through its Subcommittees, shall seek to strengthen the work of the Club Español del Arbitraje (CEA) in promoting arbitration as an alternative dispute resolution procedure, making it available to all its members and the arbitration community in general, the updated legislation of Spain as well as the most relevant jurisprudence.

The Commission will also serve to promote the analysis of legislation and jurisprudence, making a review with the most relevant decisions, to be published in the CEA magazine the Spain Arbitration Review.

Presidents of the Commission: Jesús Remón and Ignacio Díaz-Picazo.

DISPUTE BOARDS

The CEA’s Dispute Board Commission was created on march 2021 and will focus in analyzing the DB in Spain and Latinamerica, study the different types of DB (Dispute Avoidance Board -DAB-, Dispute Review Board -DRB-, Dispute Review Panel -DRP-, Dispute Avoidance/Adjudication Board -DAAB-, etc.) that could be use in Spain, Portugal and Latinamerica and analyze the alternatives to increase the knowledge and application of DB en this regions. 

Finally, the Commission have as an objective the creation of Guidelines of DB in spanish that includes the best practices regarding DB clauses, constitution and procedures. 

President: Álvaro López de Argumedo

Secretaries: Patrizia Sangalli y Manuel Franco

INACTIVE COMMISSIONS

FINANCIAL ARBITRATION

The Financial Arbitration Commission was established in September 2013.

Arbitration is already a success in commercial and investment matters and the CEA Board of Director’s priority was to promote a line of work for the study of arbitration in the financial field, where the problems and conflicts generated as a result of the economic and financial crisis have highlighted the importance of arbitration as an alternative dispute resolution mechanism.

President: Manuel Conthe

CORPORATE ARBITRATION

You can access the “Report on Corporate Arbitration in Spain” and the “Note of the CEA. Opposition of the Club Español del Arbitraje to the draft of the Commercial Code in matter of corporate arbitration” prepared by the Corporate Arbitration Commission and approved by the CEA.

On Tuesday, May 7th, 2013, the “Corporate Arbitration in Spain” activity was held in order to present the report prepared by the CEA Commission for the study of Corporate Arbitration. The event took place in Madrid in the offices of Uría Menéndez and was inaugurated by Joaquín José Rodríguez Hernández, General Director of Registrars and Notaries.

 

Commission president: Juan Fernández-Armesto

Report on corporate arbitration in Spain (spanish)

Note from CEA opposition of the Spanish Club of Arbitration the draft commercial code on corporate arbitration (spanish)

ARBITRATION AND PUBLIC LAW

Given the unstoppable expansion of arbitration in all areas of the legal system as a guarantor and effective system of conflict resolution, in 2016 the Club Español del Arbitraje created a Commission responsible for preparing a Note on the Recognition of Arbitration in Public Law.

Chairman: Antonio Hierro

Arbitration report and public law (spanish)

PROCEDURAL MATTER

The Commission on Procedural Matters deals with issues that may arise when an arbitration comes into contact with the courts. The Commission analyses judicial decisions, identifies dysfunctions in existing rules and suggests organizational and procedural improvements to ensure effective interaction between arbitration and jurisdiction where necessary.

President: Miguel Ángel Fernández-Ballesteros

INDEPENDENCE OF ARBITRATORS

The Commission on the Independence of Arbitrators prepared a report on the practical consequences of this legal requirement. On the basis of that report, the Commission drew up rules of best practices, which could serve as a standard of conduct for the independence, impartiality and recusal of arbitrators.

You can access the aforementioned Report of the Working Group on the Independence of Arbitrators and the Recommendations on the Independence and Impartiality of Arbitrators here.

President: Juan Fernández-Armesto

CEA recommendations on the independence and impartiality of arbitrators (spanish)

COMMISSION TO STUDY ARBITRAL JUDGEMENTS

The Commission for the study of arbitral judgements was established in 2018 and its objective was to prepare a study of the judgements handed down by the High Courts of Justice of Spain to determine the grounds for annulment of arbitral awards.

President: María José Menéndez

BEST PRACTICES IN ARBITRATION

The arbitration procedure must be transparent and follow the principles of equality, hearing, audi alterem partem and confidentiality. Ensuring the effective application of these principles is the responsibility of both the arbitral institutions and the arbitrators, the parties and their advocates.

In 2005, the Commission of Best Practices in Arbitration was created, chaired by Jesús Remón, which was responsible for preparing the «Code of Good Practices»’inspired by the above-mentioned principles and with the aim of helping to increase society’s confidence in arbitration. 

In 2017, the CEA Board of Directors considered it necessary to reopen the Commission, to update the previous Code and include current issues that were not foreseen in the previous version. The Commission is organized through sub-commissions, each responsible for a chapter of the new Code of Best Practices in Arbitration.

Chairmen of the Commission: Juan Fernández-Armesto and Carlos de los Santos.

Sub-Commission of Arbitral Institutions chaired by: Ricardo Feris.

Sub-Commission on the Arbitration Process chaired by: Jesús Remón, Antonio Hierro and José Antonio Caínzos.

Sub-Commission of Arbitrators chaired by: Alfonso Gómez-Acebo.

Sub-Commission of Lawyers chaired by: Urquiola de Palacio, José María Alonso, Alfonso Iglesias and Álvaro López de Argumedo.

Sub-Commission of Experts chaired by: María José Menéndez and Jesús Almoguera.

Sub- Commission in relation to Funding chaired by: Clifford Hendel and Joe Tirado.

Código de Buenas Prácticas Arbitrales

Code of Best Practices in Arbitration of the Spanish Arbitration Club

Código de Boas Práticas em Arbitragem do CEA

КОДЕКС ЛУЧШИХ АРБИТРАЖНЫХ ПРАКТИК ИСПАНСКОГО АРБИТРАЖНОГО КЛУБА

CODE DES BONNES PRATIQUES ARBITRALES

Codice di Buone Pratiche Arbitrali CEA

COMMISSION TO PROMOTE SPAIN AS A SEAT OF INTERNATIONAL ARBITRATION

The CEA Board of Directors approved on September 21st, 2017, the creation of a Commission for the purpose of analysing and promoting Spain as a seat of international arbitration.

The mission of this Commission has been twofold:

1. To analyse the reasons why the legal provision has had less impact than expected in relation to international arbitration and the reasons for this situation;

2. Propose measures and strategies to remedy this situation.

In order to carry out its work, the Commission has had the cooperation of all the “Arbitration practitioners” who have voluntarily decided to participate. Participation in the work of this Commission has been open to all those who have decided to do so since its constitution.

The result of the work of the Commission is the Report on Spain as a seat of International Arbitration.

Informe de España como Sede de Arbitraje
REPORT OF THE COMMISSION TO PROMOTE SPAIN AS A SEAT OF INTERNATIONAL ARBITRATION

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